Friday, November 21, 2014

How to Transition an LLC to a Corporation by Mike Broemmel - Legal Zoom

Electing to convert a business from an LLC to a corporation is subject to the laws of the state where the limited liability company was organized. Some states have enacted a conversion statute that streamlines the process for conversion; other states maintain the traditional procedures for conversion, which requires multiple steps to complete the process.

Conversion Statute Process

In states that elect to expedite the conversion process, converting an LLC into a corporation requires the filing of a prescribed standard form. The conversion form is available through the Secretary of State's office, or similar regulatory agency, and typically may be filed in person, by mail or online. The form sets forth the intent of the LLC to convert its organizational structure to that of a corporation. The form typically includes an affirmation to comply with all laws applicable to corporations organized in the state.

Traditional Conversion Process

The traditional conversion process represents a more cumbersome, multi-step procedure. Under the traditional conversion process, owners of an LLC, known as members, must vote to convert the entity. A separate corporation is then formed by filing articles of incorporation with the Secretary of State. The assets and debts of the LLC are conveyed to the new corporation and a certificate of dissolution for the LLC is filed with the Secretary of State.

Immediate Tax Consequences

The immediate tax consequences center on how the Internal Revenue Service addresses the conversion. The IRS utilizes one of three categories when dealing with the conversion of an LLC to a corporation. An assets-over conversion exists when the LLC transfers its assets and liabilities to the corporation in exchange for corporate stock conveyed to the LLC. The LLC then transfers the stock to its individual owners. An assets-up scheme involves the transfer of the LLC's assets and liabilities to its owners who then convey the property and debt to the newly formed corporation. An interests-over conversion involves individual owners of the LLC transferring their respective ownership interest in the LLC to the corporation in exchange for a proportional share of the new corporation's stock.

Long-Term Tax Consequences

The long-term tax consequences associated with a conversion arise from the fact that the IRS applies what is called "pass through" tax liability on the LLC form of business. Here, the profits of an LLC are taxed once, at the level of the individual owners. Conversely, with a corporation structure, profits are taxed at the corporate level and any distribution or dividends paid to individual shareholders also face taxation by the IRS; this tax treatment is commonly referred to as double taxation.

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Is a Divorce Decree Invalid if a Financial Disclosure is False?

Typically you and your spouse must file financial disclosures when you divorce. In fact, all states maintain this requirement in some form, except when a divorce is uncontested and you and your spouse agree on all major issues associated with the divorce. If you discover that a financial disclosure was false, your divorce is not void -- but depending on the circumstances, you may be able to get the court to re-address certain financial issues.

Remedy

Simply because the divorce is not set aside by the court, or voided, does not mean that you have no recourse. You have the legal right to go back into court and reopen the divorce case, without setting aside the marriage termination itself. You can request that the court reexamine issues surrounding finances, property and debt in light of the revelation concerning false statements filed by your ex-spouse.

Penalty for Minor Misstatements

If your ex made only minor misstatements, such as slightly understating income, the consequences usually fit the misconduct. Although courts do not condone even minor false statements, particularly when made under oath, a likely resolution will be an admonishment or scolding by the judge, and an order to correct the financial disclosure statement. There will also typically be an adjustment of asset or debt allocation between the parties, if necessary.

Penalty for Major Mistatements

The most significant penalty a court imposes in the aftermath of a significant false statement on a financial disclosure statement is a finding of contempt. What is known as a "contempt citation" results in penalties that may include forfeiture of additional property to the injured spouse or a monetary penalty payable to the court. A judge even has the authority to send your ex to jail pursuant to a contempt citation. However, in the vast majority of cases involving even a major misstatement, a trip to jail is unlikely.

Child Custody and Support

Generally speaking, no adjustment in either child custody or support likely occurs in the immediate aftermath of the discovery of false information in a financial disclosure statement as a means of punishing the wrongdoer. However, if the misinformation resulted in a significant understatement of income, the court may order a recalculation of the parents' child support obligations.

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Shared Custody and Divorce by Mike Broemmel - Legal Zoom

Custody issues oftentimes represent the most contentious aspect of divorce proceedings. As you contemplate a divorce case involving children, understanding the elements of custody determinations is crucial. Shared custody represents one type of custodial arrangement available to courts in different jurisdictions across the United States. Shared custody means that both parents enjoy physical custody of a child on an essentially equal basis. Despite its widespread availability, the laws on when shared custody is ordered in a divorce case vary significantly from one state to another.

Understanding Legal Versus Physical Custody

A court in a divorce addresses two types of custodial issues: legal custody and physical custody. Legal custody references the right of a parent to make major life decisions on behalf of a minor child. These decisions include, but are not limited to, education, health care and religion. Physical custody refers to the parent who actually maintains the child in her residence. "Joint" usually is used in reference to legal custody while "shared" typically is attached to physical custody.

State Laws and Shared Custody

Although many states permit shared physical custody, differences exist between jurisdictions regarding when such an arrangement is permitted. In some states, a preference exists for shared physical custody while in others, the law favors other types of custodial schemes. Some states permit shared custody if requested by the parents, while others impose the arrangement on a family even if the parents object. Other jurisdictions have developed guidelines to be used by judges when determining whether to award shared custody.

Tests for Shared Custody

In some states, courts apply a test when determining the appropriateness of shared custody. An example of such a test is found in New Jersey law. The test is three-prong. First, the parents are required to prepare a parenting plan that establishes the responsibilities of each parent and specific parenting times. Second, each parent is required to have at least two overnight parenting times a week, excluding vacations and holidays. Third and finally, the parents must maintain open lines of communication with each other and be able to jointly make important decisions regarding their children.

Parenting Time Schedules

The theory behind shared custody is that each parent maintains physical custody of the child about 50 percent of the time. A variety of different parenting time schedules exist to further a shared custody arrangement. For example, in one scheme, parents may alternate physical custody week-by-week. In another scheme, one parent may maintain custody a majority of days in a given week, with the other parent enjoying fewer days of parenting time. The following week, the roles reverse. Provided that a shared custody arrangement is deemed fair and provides for a relatively equal allocation of time between the parents, a court is likely to approve an agreement reached by the parents.

Shared Custody and Child Support

On first blush, you might imagine that shared custody eliminates the need for child support because both parents theoretically have the child in their physical care and custody half of the time. In fact, an income disparity of some sort likely exists between the parents, with one parent earning more than the other. In such cases, a child support order may still be established despite the shared custody arrangement.

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Divorce and Custody Facts by Mike Broemmel - Legal Zoom

In many instances, issues related to child custody represent the most contentious matters between spouses in a divorce case. If you contemplate divorce, you must educate yourself on the basic facts associated with child custody, including essential terminology. By understanding these basic elements of child custody, you position yourself to best protect your interests, and those of your children, throughout the course of the divorce proceedings.

Legal Versus Physical Custody

Legal custody represents the ability of a parent to make major life decisions on behalf of a minor child. These include decisions associated with, but not limited to, education, health care and religion. Physical custody is the right of a parent to have actual custody of a child, typically in that parent's residence. Custody orders or agreements address both of these types of custody.

Joint and Sole Custody

Legal and physical custody can be shared jointly or awarded solely to one parent. Joint legal custody exists when both parents share equally in making major life decisions for a minor child. Joint or shared physical custody occurs when both parents maintain the child in their residence part of the time. Sole legal custody represents an arrangement in which only one parent possesses the right to make major life decisions for a child. Sole physical custody represents a situation in which only one parent maintains physical custody of a child.

Preference for Joint Custody Arrangements

Family law generally disfavors sole custody. Sole custody may be awarded in situations in which one parent is deemed unfit or unable to exercise appropriately the rights and responsibilities associated with legal or physical custody of a child. However, just because a parent is awarded sole physical custody does not mean she will automatically receive sole legal custody as well. In other words, although a parent may not provide a residence for her child on a consistent basis, she still may be capable of making appropriate decisions on behalf of her child.

Best Interests of the Child

In family law cases, including divorce proceedings, courts across the United States apply what is known as the "best interests of the child" standard. This standard requires a court to consider what legal and physical custodial arrangement best protects and furthers the interests of a minor child. Considerations often include which parent traditionally provided primary care for the child, physical and mental health of both parents, and the willingness of each parent to co-parent with the other parent.

Custody and Desires of a Minor Child

State laws vary regarding what effect the desires of a child have on custody decisions. In some jurisdictions, the wishes of a child have no bearing, under the theory that a minor child is not legally capable of making such determinations. On the other hand, other states permit a child to express his wishes regarding custody arrangements, particularly if he is mature or an older child. Overall, however, the desires of a child generally do not control custody determinations.

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Can a Spouse Get Retirement Accounts in a California Divorce by Mike Broemmel

The division of property in California divorce cases is governed by the community property standard. Community property means that each spouse is entitled to 50 percent of the assets accumulated during the term of the marriage, no matter which party bore primary responsibility for obtaining the property. The community property standard is applied to all types of assets involved in divorce proceedings, including retirement accounts. As a result, in California, a person possesses a legal interest in the retirement account of his spouse in a divorce case.

Community Property Standard

The community property standard assumes that both spouses contribute equally to a marriage, no matter who might earn the most money during the course of the marriage. Property owned before the marriage, obtained during the marriage by inheritance or gift, or obtained after the spouses separate is considered the separate property of each spouse, not community property. As a result, such property is not subject to division upon divorce under the community property law of California.

Division of Property at Time of Divorce

When a divorce case is filed in California, most of the property obtained by a couple while married can be divided, either by their own agreement or by order of the court. For example, bank accounts and other investments can be totaled up and distributed between the spouses in equal shares. Some assets cannot be so easily divided at the time of a divorce without negative financial consequences. A retirement plan, with penalties for early withdrawal, represents one type of asset that often cannot readily be divided at the time of a divorce case.

Property Settlement Agreement

In California, courts prefer spouses reach a settlement in divorce cases. In such a circumstance, the parties enter into a property settlement agreement, a contract that spells out how the assets and debts of the parties are to be divided, including any retirement plans. A spouse can agree to waive an interest in a retirement plan, which can be done in exchange for a larger share of another asset or an increase in alimony. A divorce court approves a property settlement agreement provided that the contract appears fair to both spouses.

Property Division and Judge's Discretion

Absent a property settlement agreement, a judge must exercise his discretion in determining how the property of the parties is divided. The judge must generally follow the parameters of California's community property law, but can make some adjustments in the interests of justice and fairness. As with a property settlement agreement, the judge's order will divide any retirement plans.

Qualified Domestic Relations Order

Avoiding the penalties associated with an early withdrawal from a retirement plan is accomplished through the use of a Qualified Domestic Relations Order, or QDRO. The QDRO establishes the percentages of retirement benefits that are paid to each spouse when the plan reaches maturity.

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Divorce without Financial Settlement by Mike Broemmel - LegalZoom

Divorce laws in most states require the resolution of financial issues before a court enters a final divorce decree. You and your spouse must either sign a marital settlement agreement or a hearing or trial is conducted to resolve financial issues. Some states allow what is called a bifurcated process, a legal term meaning that the laws permit a termination of the marriage before resolving financial issues.

Financial Issues When Filing for Divorce

Although laws vary, in most jurisdictions, you and your spouse must file a financial affidavit, sometimes called a domestic relations affidavit or other name, either when a divorce is filed or fairly soon afterwards. The affidavit provides the court and your spouse essential information pertaining to financial matters. The data is used both in settlement negotiations and as a guide for the judge should the case require a hearing or trial regarding financial issues.

Leeway in an Uncontested Divorce

Courts typically allow couples greater leeway in an uncontested divorce when it comes to resolving financial issues. Courts encourage a divorcing couple to resolve issues themselves, without the need for a divorce trial. This includes using the services of a mediator. The court does review the settlement agreement reached by a couple in an uncontested divorce to ensure that it is fair to both parties.

Delaying Financial Settlement

A few states, such as California, permit a two-step process called a "bifurcated" divorce, in which a couple is divorced before financial matters are addressed. These issues must then be resolved at a later date. At least one state, North Carolina, allows you to divorce without addressing financial issues at all, but if you don't reserve the right to do so before the divorce is final, you forever waive your right to go back and ask the court to divide property or debts or address issues of spousal support later. The couple must advise the court, typically through the petition, response or a motion, that certain financial matters remain unresolved. Taking this step is called "preserving the issue." By preserving the issue, the court holds future hearings after the divorce to resolve these matters.

Pros and Cons

Both pros and cons exist with regard to delaying a financial settlement. You can typically end your marriage faster, especially if your finances are especially complicated. On the negative side, once the divorce is granted, other issues might remain unresolved for an extended period of time. In some cases, once a couple's marriage ends, the two might feel free to move on with their lives and the pressure to resolve other issues decreases, which can cause delays.

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Saturday, October 25, 2014

How to Purchase Probate Real Estate by Mike Broemmel - San Francisco Chronicle

Probate is the court process used following the death of an individual to deal with the decedent's estate. Often real estate must be sold as part of a probate or estate case. You can purchase real estate in probate either through an auction or a direct sale. Although there are differences between the two processes for purchasing probate real estate, many of the same requirements exist, no matter which procedure you use.

Attend the real estate auction scheduled by the executor or administrator of the estate. Bid on the property. If you make the highest bid, you obligate yourself to purchase the real estate. Provide the lawyer, executor or administrator for the estate with a certified check to cover the price you bid on the real estate. Typically, the check represents proceeds from a loan already approved by a lender. In lieu of a certified check, you must provide proof of preapproval for a loan that covers the price you bid on the real estate.

Make a direct offer on the real estate to the lawyer, executor or administrator of the estate. If the estate's representative accepts your offer, she will present the offer to the probate court.

Obtain an order from the probate court approving the sale, whether you've purchased the property by auction or direct sale agreement. The lawyer, executor or administrator of the estate is responsible for obtaining this order approving the sale from the court. You cannot finalize the sale without approval of the court.

Probate auction information is available through the legal notices section of the local newspaper and at the office of the probate clerk of the county where the estate case was filed.
 
Once the order approving the sale is issued by the court, the lawyer, executor or administrator for the estate will prepare a deed transferring ownership of the real estate to you. The deed becomes legally effective when it is filed with the register of deeds in the county where the real estate is located.
 
 
 
 

Questions for a Real Estate Lawyer by Mike Broemmel - San Francisco Chronicle

If you need to retain the services of a real estate attorney, it's important to identify the specific area of real estate law in which you need legal assistance. The real estate bar is diversified, in California and all other states. Attorney's specialties include sales transactions, taxes, title issues and landlord and tenant law, according to "Real Estate Law," by Marianne Jennings.

Identify Attorney's Specialization in Real Estate Law

Because real estate lawyers tend to focus on specific aspects of the practice area, a line of questioning must center on an attorney's specialization, according to "California Real Estate Practice," by Lowell Anderson and Daniel Otto. The legal skills needed to oversee a real estate transactions vary significantly from those necessary to resolve a landlord and tenant dispute. If you have needs associated with a specific aspect of real estate law, your interests likely are best protected by retaining a specialist rather than a real property generalist.

Experience and Education

Experience and education represent two areas of questioning you must pursue when contemplating engaging the services of a particular attorney. The basic course of education in all law schools is similar. However, some law schools maintain reputations for engaging students in a more rigorous training process. Ask a lawyer you consider retaining specific questions about typical cases she handles and the results she has obtained for her clients. She should advise you that past results are no guarantee of future performance; nonetheless, you can obtain at least a snapshot of how she performs professionally through considering prior cases.

Fees and Costs

Do not conclude an initial consultation with a real estate attorney without addressing issues surrounding fees and costs. Fee arrangements depend upon the type of real estate case you bring to an attorney. For example, a case involving damage to real estate caused by a tenant likely warrants a contingency fee arrangement in which the attorney does not get paid unless you recover. On the other hand, hiring a lawyer to oversee a real estate sales transaction likely involves an hourly fee. Make sure you also question the attorney about the specific costs that will be your responsibility to cover or reimburse.

Support Staff

The type of support staff a real estate attorney maintains in his office or firm is important. Attorneys tend to maintain full schedules. A well-trained support staff assists in ensuring that all of a client's needs are met in a timely manner. Obtain specific information about the extent and nature of support staff that a particular attorney keeps.

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How to Keep House When Filing Bankruptcy by Mike Broemmel - San Francisco Chronicle

Your home represents your most important personal and financial asset. If you find you are in serious financial trouble, you may wonder what you can do to keep your house if you file for bankruptcy. The U.S. Bankruptcy Code provides a process that may permit you to keep your house when you file for bankruptcy protection.
Request a bankruptcy petition packet from the clerk of the bankruptcy court. The packet includes the petition for bankruptcy and associated schedules, as well as instructions for completing these forms. These forms are available from office of the clerk as well as online from the bankruptcy court website.

Complete the petition, making certain to include your house as an asset.

List your house as an exempt asset on the exemptions schedule. Although bankruptcy is a federal case, many states have homestead exemptions that protect the homeowner. In California, your house is exempt property pursuant to the state's homestead exemption. The bankruptcy form instructions include the specific parameters of the homestead exemption in your state. In California, equity up to $75,000 in your home is generally exempt if you are under 65 years of age, $150,000 if you are over that age, according to the California Code of Civil Procedure Section 704.730.

File the bankruptcy petition and schedules with the bankruptcy court clerk. Pay the filing fee.

Contact the mortgage lender and advise that you desire to enter into a reaffirmation agreement regarding your home. A reaffirmation agreement is a contract between a secured creditor, like a mortgage lender, and the debtor. Through the agreement, you keep your home provided you continue to make timely mortgage loan payments in the future.

Obtain a reaffirmation agreement from either the clerk of the bankruptcy court or the mortgage lender.
 
Sign the reaffirmation agreement. A representative from the home mortgage lender must sign the document, as well.

Submit the reaffirmation agreement to the bankruptcy court trustee. The trustee is the court official that oversees your bankruptcy case on a day-to-day basis.

Bankruptcy law and procedure represents complicated legal matters. Your rights likely are best protected if you retain the services of an experienced consumer bankruptcy lawyer. The American Bar Association maintains resources to assist you in searching for and retaining a capable attorney for your bankruptcy case.

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Divorce without a Financial Settlement by Mike Broemmel - LegalZoom

Divorce laws in most states require the resolution of financial issues before a court enters a final divorce decree. You and your spouse must either sign a marital settlement agreement or a hearing or trial is conducted to resolve financial issues. Some states allow what is called a bifurcated process, a legal term meaning that the laws permit a termination of the marriage before resolving financial issues.

Financial Issues When Filing for Divorce

Although laws vary, in most jurisdictions, you and your spouse must file a financial affidavit, sometimes called a domestic relations affidavit or other name, either when a divorce is filed or fairly soon afterwards. The affidavit provides the court and your spouse essential information pertaining to financial matters. The data is used both in settlement negotiations and as a guide for the judge should the case require a hearing or trial regarding financial issues.

Leeway in an Uncontested Divorce

Courts typically allow couples greater leeway in an uncontested divorce when it comes to resolving financial issues. Courts encourage a divorcing couple to resolve issues themselves, without the need for a divorce trial. This includes using the services of a mediator. The court does review the settlement agreement reached by a couple in an uncontested divorce to ensure that it is fair to both parties.

Delaying Financial Settlement

A few states, such as California, permit a two-step process called a "bifurcated" divorce, in which a couple is divorced before financial matters are addressed. These issues must then be resolved at a later date. At least one state, North Carolina, allows you to divorce without addressing financial issues at all, but if you don't reserve the right to do so before the divorce is final, you forever waive your right to go back and ask the court to divide property or debts or address issues of spousal support later. The couple must advise the court, typically through the petition, response or a motion, that certain financial matters remain unresolved. Taking this step is called "preserving the issue." By preserving the issue, the court holds future hearings after the divorce to resolve these matters.

Pros and Cons

Both pros and cons exist with regard to delaying a financial settlement. You can typically end your marriage faster, especially if your finances are especially complicated. On the negative side, once the divorce is granted, other issues might remain unresolved for an extended period of time. In some cases, once a couple's marriage ends, the two might feel free to move on with their lives and the pressure to resolve other issues decreases, which can cause delays.

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Is Divorce Decree Void if Financial Disclosure is False by Mike Broemmel - LegalZoom

Typically you and your spouse must file financial disclosures when you divorce. In fact, all states maintain this requirement in some form, except when a divorce is uncontested and you and your spouse agree on all major issues associated with the divorce. If you discover that a financial disclosure was false, your divorce is not void -- but depending on the circumstances, you may be able to get the court to re-address certain financial issues.

Remedy

Simply because the divorce is not set aside by the court, or voided, does not mean that you have no recourse. You have the legal right to go back into court and reopen the divorce case, without setting aside the marriage termination itself. You can request that the court reexamine issues surrounding finances, property and debt in light of the revelation concerning false statements filed by your ex-spouse.

Penalty for Minor Misstatements

If your ex made only minor misstatements, such as slightly understating income, the consequences usually fit the misconduct. Although courts do not condone even minor false statements, particularly when made under oath, a likely resolution will be an admonishment or scolding by the judge, and an order to correct the financial disclosure statement. There will also typically be an adjustment of asset or debt allocation between the parties, if necessary.

Penalty for Major Mistatements

The most significant penalty a court imposes in the aftermath of a significant false statement on a financial disclosure statement is a finding of contempt. What is known as a "contempt citation" results in penalties that may include forfeiture of additional property to the injured spouse or a monetary penalty payable to the court. A judge even has the authority to send your ex to jail pursuant to a contempt citation. However, in the vast majority of cases involving even a major misstatement, a trip to jail is unlikely.

Child Custody and Support

Generally speaking, no adjustment in either child custody or support likely occurs in the immediate aftermath of the discovery of false information in a financial disclosure statement as a means of punishing the wrongdoer. However, if the misinformation resulted in a significant understatement of income, the court may order a recalculation of the parents' child support obligations.

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Divorce and Custody Facts by Mike Broemmel - LegalZoom

In many instances, issues related to child custody represent the most contentious matters between spouses in a divorce case. If you contemplate divorce, you must educate yourself on the basic facts associated with child custody, including essential terminology. By understanding these basic elements of child custody, you position yourself to best protect your interests, and those of your children, throughout the course of the divorce proceedings.

Legal Versus Physical Custody

Legal custody represents the ability of a parent to make major life decisions on behalf of a minor child. These include decisions associated with, but not limited to, education, health care and religion. Physical custody is the right of a parent to have actual custody of a child, typically in that parent's residence. Custody orders or agreements address both of these types of custody.

Joint and Sole Custody

Legal and physical custody can be shared jointly or awarded solely to one parent. Joint legal custody exists when both parents share equally in making major life decisions for a minor child. Joint or shared physical custody occurs when both parents maintain the child in their residence part of the time. Sole legal custody represents an arrangement in which only one parent possesses the right to make major life decisions for a child. Sole physical custody represents a situation in which only one parent maintains physical custody of a child.

Preference for Joint Custody Arrangements

Family law generally disfavors sole custody. Sole custody may be awarded in situations in which one parent is deemed unfit or unable to exercise appropriately the rights and responsibilities associated with legal or physical custody of a child. However, just because a parent is awarded sole physical custody does not mean she will automatically receive sole legal custody as well. In other words, although a parent may not provide a residence for her child on a consistent basis, she still may be capable of making appropriate decisions on behalf of her child.

Best Interests of the Child

In family law cases, including divorce proceedings, courts across the United States apply what is known as the "best interests of the child" standard. This standard requires a court to consider what legal and physical custodial arrangement best protects and furthers the interests of a minor child. Considerations often include which parent traditionally provided primary care for the child, physical and mental health of both parents, and the willingness of each parent to co-parent with the other parent.

Custody and Desires of a Minor Child

State laws vary regarding what effect the desires of a child have on custody decisions. In some jurisdictions, the wishes of a child have no bearing, under the theory that a minor child is not legally capable of making such determinations. On the other hand, other states permit a child to express his wishes regarding custody arrangements, particularly if he is mature or an older child. Overall, however, the desires of a child generally do not control custody determinations.

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The Future of Political Discourse by Mike Broemmel

“Back in the day” when I first became involved in politics, my colleagues and I engaged in heated debates but literally broke bread and grabbed beers after long days at work. Of course, that was in the mid-1980s. However, the location was the nation’s capital where political debate tends to be consistently heated. The sense of civility (and friendship) which was widespread in the 1980s is starkly absent today.

I had what can only be described as an unpleasant encounter with a person that can properly be categorized as a political “wannabe” earlier today. The encounter cannot correctly be called a conversation or discourse. The individual, who I will call “Dude,” fancies himself a political guru. In fact, his only claim to fame appears to be coming in fifth place (out of seven) in a race for a local township’s board of supervisors. Had his conduct not been so appalling, I would note that I perfectly understand that all politicians must start somewhere and that there is no dishonor in defeat (even a major pummeling). But, in this case and as will become evident as this essay progresses, for the good of the electorate, one can only hope that Dude’s political career began and ended in that tiny race.

In fairness, he is also somehow associated with OFA – the organization once called Organizing for Obama, later called Organizing for America and now called Organizing for Action. Its sole purpose is to blindly yap about whatever seems to be necessary to blindly support the current occupant of the White House. Dude is a master at parroting OFA talking points, but lacks a rudimentary command of even the basic facts associated with any of the major issues crossing the transom today.

Also in the interest of fairness, I need to share the topic of “discussion” and Dude’s understanding of it. The topic was the number of people who signed up and paid for insurance through the Affordable Care Act (ACA or Obamacare) Exchanges. Unfortunately, Dude did not appear to understand that there is a difference between initial enrollees and the number of people who pay for insurance.

In any event, at the time of this writing, we continue to await for the White House to release the number of people who paid for insurance through the Exchanges. Most industry estimates suggest the number will be well below what is needed to sustain the risk pool. The White House has somewhat already conceded that the number of healthy and young paid insureds clocks in somewhere at about 28% of the total (whatever the total is). This percentage, being floated by the White House, is 12% below the mark of the total needed to make the Exchange related risk pool financially viable.

We were not more than a couple minutes into the exchange when Dude started dodging the issues and piling on the insults. No facts were in the offing until Dude “cited a study from the RAND Corporation” that he argued supported his proposition that over 7 million people paid for insurance through the Exchanges.

I (correctly) pointed out that the study he cited was not from the RAND Corporation but the Urban Institute. (I extended him the courtesy of checking the source he provided.) The Urban Institute study provided no data supporting his argument. He clearly had not read (or perhaps does not understand) the RAND Corporation study, because it is not helpful to his position. Yes, the RAND Corporation study does note that 9.3 million Americans have gained insurance during the past year. But, 8.2 million of those people obtained coverage through employer plans, not ACA or Obamacare. The study reports that only 1.1 million previously uninsured Americans have gained insurance through the ACA Exchanges. The study does not provide clarity on the number of people who actually enrolled and paid for insurance through the Exchanges. It most definitely is not a study to be favored by a person touting the success of the ACA Exchanges.

When I attempted to point all of this out to Dude, he launched into his most offensive tirade of personal insults of all. As anyone who follows what I write or has attended lectures or presentations I make, I fairly frequently speak on the ups and downs of my own life. Dude’s insults were offensive slurs about my past that one would never expect from a so-called “progressive.” Indeed, his rant was the stuff of a drunkard who tippled too long in a dank pub.

In reality, the insults personally were no more than irritating. But, from the perspective of where political discussion is headed, Dude’s conduct is startling. The fact that this is what a political wannabe spews out in lieu of facts and reason is an alarming warning sign for what we might be in store for in the future. In short, if Dude is any example of the future of political discourse, discussion and debate, days ahead are likely to be even grimmer than what we experience at this time.

Of course, as I said, this individual lacks the acumen to really succeed in the political arena. However, even outliers and Munchkins are vocal and cause damage to meaningful attempts at civil public discourse. Thinking of the future in light of this encounter, I find myself not just shaking my head but sad for our country.

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From the Desk of a Low Ranking Munchkin: Inside the White House During the Early Days of the AIDS Pandemic by Mike Broemmel

Tulips bloomed brilliantly red, encircling the fountain on the North Lawn, as I passed by the White House on the Pennsylvania Avenue sidewalk on a spring morning in 1983. These were days when folks not only easily walked in front of the Executive Mansion, but the homeless, as well as protestors of curious ilk, set camp around-the-clock directly in front of the iron fence surrounding the White House Complex.

 In my early twenties, I headed to work in the White House Office of Media Relations and Planning, located in what at the time was called the Old Executive Office Building, or OEOB. Subsequently, the massive structure, originally constructed for the War Department generations earlier, was christened the Eisenhower Executive Office Building, after the 34th President. The White House proper and the OEOB, fenced together, form the White House Complex.

 Due to the extreme space limitations in the West Wing, the vast majority of the President’s staff officed in the OEOB. Television programs and feature films render an unreal image of the West Wing, making it seem a vast, bustling space. In reality, the West Wing possesses an almost serene quality, with narrow halls and walls decorated with photos of the President tending to the business of the nation. In my mind, the most accurate depiction of both the West Wing and the OEOB is found in the HBO comedy Veep, starring Julia Louis-Dreyfus

 Ronald Reagan, and his predecessors, instilled seamless decorum within the White House generally, and the West Wing specifically. Indeed, President Reagan’s sense of history was so profound that he always kept his suit jacket on when in the Oval Office, a homage to those men who served the nation before him and in reverence for the office of the Chief Executive. Years later, images of Bill Clinton lounging in the Oval Office in a sweat suit – not to mention the other alleged conduct – seemed somehow sacrilegious.

 Located in a suite of  offices on  the east side, first floor of the OEOB, the Media Relations shop – White House offices are called shops – was charged with directly dealing with media outlets beyond the White House press corps. In 1983, these included television and radio stations, newspapers and magazines, across the country and around the world. The Media Relations shop produced the President’s television and radio appearances. The shop coordinated the media during presidential travels.

 Richard Nixon’s “hide-a-way office” was part of the Reagan White House Media Relations suite. Remnants of Nixon’s taping system remained, no longer operational, nearly a decade after the date he choppered off from the South Lawn into political exile. The Watergate era “plumbers” operated a floor below, as would Oliver North and the Iran-Contra crew.

 Media Relations was one of four press shops in the White House, the other three being the First Lady’s Press Office, the Vice President’s Press Office and the (best known) White House Press Office.

 Consisting of seven senior individuals and several low ranking Munchkins, Media Relations was headed by a statuesque woman named Karna Small. With a mane of bouffant blonde hair, Small made daring dress decisions for the generally staid Reagan White House, including leopard prints and plunging necklines. Small was said to have caught Ronald and Nancy Reagan’s attention when she was part of a local broadcast news team in California, doing weather reports. Larry Speakes, the principal White House spokesperson, derisively referred to Small as “the weather girl” in his own White House memoirs.

 Tense relations between Small’s shop and the White House Press Office headed by Speakes extended back over two years, to the time of the attempted assassination of President Reagan.

 Prior to the attempt on the President’s life in March 1981, Small served as the principal deputy under Press Secretary Jim Brady, who was seriously injured and permanently disabled when shot by John Hinkley. In the immediate aftermath of the shooting, some on the White House staff blamed Small for losing control of the West Wing press briefing room. On that afternoon, Secretary of State Alexander Haig mounted the podium in the briefing room to announce that he was “in charge here.” Others wondered whether anyone was capable of stopping Al Hair when he was intent on making a media statement. In any event, in the aftermath, a staff shuffle occurred which sent Small to Media Relations, a sort of White House Siberian exile, and Speaks to the Press Office as the principal spokesperson.

 Although my own office was small – offenders in cells are allocated larger space – the view from my window included the main entrance to the West Wing, less than 50 yards away. A part of the proverbial platoon of entry level staffers, all White House shops included low ranking Munchkins like myself. The Munchkin moniker even made media mention when the actions of low level staffers were deemed to be the cause of something negative, even inappropriate, emitting from an Administration. When something went awry, fingers often point to a low ranking Munchkin.

 No matter how diminutive, the Munchkins nonetheless set Dorothy on her march to the Emerald City in the cinematic classic “The Wizard of Oz.”

Oftentimes, I did not know my assigned tasks until the start of the workday. In addition to its permanently assigned responsibilities, the Media Relations shop was delegated a myriad of projects – problems and propositions circulated to the inboxes of staffers, day in and day out. One such matter landed on the desk of my immediate supervisor, Doug Elmets, who in turn dispatched it to my attention that spring morning.

 A nearly always open door separated Elmets’ office from my own. Upon entering my own office, I overheard Elmets and another staffer discussing Olympic diver Greg Louganis. I stepped into Elmets’ office as the conversation turned to Louganis being a “fudge packer.”

A product of a tight Catholic upbringing, and a Kansas college run by Benedictine nuns and monks, renowned for worldliness I was not in 1983. I learned that morning that “fudge packer”was a derisive term for a homosexual, after having to ask what it meant.

 Definition provided, my horizons marginally expanded, Elmets handed over to me a sheath of papers requiring attention. At my desk, I thumbed through the stack, nothing immediately jumping out as particularly interesting, let alone urgent.

 Later in the day, as I worked through the pile, I came upon a letter requesting a meeting at the White House. Requests for meetings with everyone from the President on down were commonplace, a fair share routed to Media Relations. Sometimes such requests landed in the shop not because they involved an interview request, or something else directly related to the media, but because a member of the press suggested the contact. Such seemed to be the nature of the inquiry I scanned.

 In skimming the correspondence, I discovered it was form medical researchers and activists, advising of a situation they believed possessed the potential to evolve into a global pandemic.

 Dire communications crossed my desk with fair regularity. Many such missive proved not only outrageous but outlandish. Only a few days earlier, I fielded one involving an accusation that puppies were used by the Department of Energy in testing related to nuclear power (a false contention).

 Reading the letter more closely, I learned that the medical researchers identified two clusters of patients – in San Francisco and in Manhattan – diagnosed with similar diseases. Previously healthy young men suffered from rare forms of cancer and pneumonia. All of the men self-identified as being homosexual. According to the researchers, the condition, dubbed as GRIDS or gay related immune deficiency syndrome, had a survival rate of zero percent. Everyone died.

 The researchers requested a White House meeting, contending that GRIDS would spread, reaching epidemic proportions. On the heels of having the term “fudge packer” explained, I found myself faced with a request for White House involvement in a medical issue afflicting gay men in two major U.S. cities.

 Even as a low ranking Munchkin, I could have run with the request, at least to some degree. I could have involved a shop down hall, the Office of Public Liaison, headed by Elizabeth Dole. Other internal possibilities existed. But, any White House option would have required at least some ongoing involvement on my part, including initially selling such action to my superiors.

 The tone of the correspondence resonated differently in mind than did many other communications touting allegedly urgent matters, purportedly crisis situations. For a beat, I wondered whether at least a segment of society seemingly perched on the precipice of medical catastrophe. In the end, I reasoned the situation seemed limited to two small groups of gay men, in two specific cities.

 Rather than take the reins, I recommended that the request for White House involvement be shuttled to the Department of Health and Human Services, a logical proposition. My boss made no objection and the referral occurred.

 Called GRIDS in the early 1980s, the condition became known as acquired immune deficiency syndrome, or AIDS. Medical researchers ultimately ascertained AIDS resulted from the retro virus they identified as the human immune deficiency virus, or HIV. With extremely rare exception during the 1980s, HIV infection led to full blown AIDS which resulted in the onslaught of opportunistic diseases and ultimately death.

 By the mid-1980s, medical researchers identified three common conduits by which HIV was transmitted: blood transfusions, shared needles of intravenous drug users and intimate sexual contact. Significantly, the disease control and management experts confirmed that HIV and AIDS were not confined to the make homosexual community. All people faced the risk of exposure.

 During the 1990s, drug regimens developed that turned HIV infection from a virtually certain death sentence to a potentially manageable chronic condition. Concerted education programs also assisted in reducing the spread of the disease. However, these developments have not occurred in equal proportions across the globe. For example, 30 percent of the adults in some African countries are infected with HIV. In addition, from 1991 through 2007, the number of people worldwide infected with HIV increased from 24 to 33 million.

 Persistent and oftentimes vitriolic criticism was leveled at the Reagan Administration generally, and Ronald and Nancy Reagan personally, for the initial lack of attention paid by the White House to the HIV and AIDS. Certain pundits, and more than a few self-styled AIDS activists, alleged the Reagans intentionally turned a blind eye to AIDS based on the proposition that the underlying virus initially only seemed to infect homosexual men. The argument went that the Reagan Administration only started to pay a minimal amount of attention when research revealed HIV and AIDS impacted beyond the male homosexual population.

 The underlying rationale was that as the leader of the American conservative movement of the 1980s, President Reagan harbored a deep seated animosity towards gay men and lesbian women. Some extremists went so far as to argue that Ronald and Nancy Reagan quietly believed gay men got their just desserts through the horrific diseases that attacked AIDS patients. Such contentions were unfounded in a number of ways.

 First and foremost, nothing in the history of either Ronald or Nancy Reagan supports the proposition that they harbored an anti-gay agenda. No credible evidence supports the contention that the Reagans believed a minority segment of the population deserved death because of their sexuality.

 The Reagans were products of Hollywood, a community with a notably higher percentage of homosexuals than the population of the country more generally. Indeed, Ronald Reagan served eight years as the president of the Screen Actor’s Guild, the paramount union in the entertainment industry.

 The Reagans counted as close friends men in the industry ultimately outed as gay. The sexuality of these individual’s certainly was known to the Reagans well before the public at large gleaned that information.

 During his tenure as governor of California, Ronald Reagan faced media coverage over the inclusion of homosexuals on his official staff. He hired gubernatorial staff members without regard to sexual preference as early as the late 1960s and early 1970s, well before his more liberal counterparts in elective office considered doing the same. He joined with Jimmy Carter and Harvey Milk in opposing a California initiative that would have barred homosexuals from teaching in classrooms.

 Second, the persistent misconception that the Reagan Administration developed a definite strategy to intentionally keep the matter of HIV and AIDS research at arm’s length arises from another faulty premise. Many of those who proffer this theory fail to recognize the less than subtle differences between the “neo-conservatives” of the 21st century and the conservative movement of the 1960s, 1970s and 1980s, a movement led by Barry Goldwater and Ronald Reagan.

 Although some attempt to rewrite the history of the late 20th century conservative movement, two primary pillars underpinned its strategies and objectives. First the conservatives of the Goldwater-Reagan era were fiercely committed to establishing and maintaining a strong national defense. Second, they were deeply dedicated to reducing the tax burden on the American people and reducing the size, scope and expense of government.

 Social issues like abortion did play a role in conservative rhetoric. However, even a cursory review of speeches, debates, statement and political advertising from the time period demonstrates that social issues were far from the front burner unlike where the percolate on the neo-conservative agenda today. Indeed, the “country club” wing of the GOP – fiscally conservative, defense hawks, with moderate views on social issues – controlled the levels of power in the Republican Party until the early to mid-1990s, when the ascendency of the Religious Right took hold.

 Finally, simple actions by people far from the seat of actual authority many times result in larger, oftentimes unintended or even unimaginable consequences. The germ of what grew into Watergate, and brought down the leader of the free world, started far down the proverbial food chain from Richard Nixon. The genesis of the Iran-Contra affair likewise germinated far away from the Oval Office. Indeed, both the Nixon-era plumbers and Oliver North’s crew plotted in the same suite of basement offices in the OEOB.

 As mentioned previously, the Oz Munchkins were able to get Dorothy and Toto off and rolling to the Emerald City. Had they mistakenly directed Dorothy and her pooch down a different course, the ultimate outcome of her journey would not have been a return home to Kansas.

 In the matter of the early White House involvement in what became the AIDS pandemic, a seemingly small decision by a person of slight stature in the hierarchy rolled a request for attention, if not intervention, away from rather than to the ultimate source of power.

 Epilogue

 About a decade later, I was asked to stand in for the Governor of Kansas when the AIDS Quilt arrived in the Sunflower State Capitol City of Topeka. The AIDS Quilt is a memorial to those men, women and children who died a result of AIDS-related complications, illnesses and diseases. Each section of the Quilt commemorates the life of one of these individuals.

 Before making remarks to those assembled for the opening night event, I walked around the convention hall where the Quilt squares were displayed. The sheer number of pieces – and only a portion of the Quilt was displayed in Topeka – was overwhelming. The unique character of each square powerfully personalized the epidemic.

 I logically understand that my decisions in a tiny White House office years earlier did not result in the most significant health care crisis in my lifetime. Nonetheless, I know in my heart that had I taken a different course in D.C., there would have been at least one less Quilt square on display that night in Kansas.

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The 13 Days of Stim'lus by Mike Broemmel

With all of the controversy surrounding the President of the United States, I hearkened back to the earlier days of the Obama Administration. Back then, when missteps by the President had not become so serious or so ubiquitous, I wrote a little ditty about Obama's first "stimulus" program ... which turned out to be less than stimulating . As President Obama ultimately conceded (making a wholly inappropriate joke about the $800 billion that many economists maintain was wasted): "Shovel ready was not as shovel-ready as we expected."

 On the first day of Stim'lus
 my true love gave to me
 A delicious slice of pear.

 On the second day of Stim'lus
 my true love gave to me
 Two shut down stores,
 And a delicious slice of pear.

 On the third day of Stim'lus
 my true love gave to me
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the fourth day of Stim'lus
 my true love gave to me
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the fifth day of Stim'lus
 my true love gave to me
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the sixth day of Stim'lus
 my true love gave to me
 Six comp'ny layoffs,
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the seventh day of Stim'lus
 my true love gave to me
 Seven banks a failin'
 Six comp'ny layoffs,
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the eighth day of Stim'lus
 my true love gave to me
 Eight Senate earmarks,
 Seven banks a failin',
 Six comp'ny layoffs,
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the ninth day of Stim'lus
 my true love gave to me
 Nine people bankrupt,
 Eight Senate earmarks,
 Seven banks a failin',
 Six comp'ny layoffs,
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the tenth day of Stim'lus
 my true love gave to me
 Ten homes foreclosin',
 Nine people bankrupt,
 Eight Senate earmarks,
 Seven banks a failin',
 Six comp'ny layoffs,
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the eleventh day of Stim'lus
 my true love gave to me
 Eleven payments past due,
 Ten homes foreclosin',
 Nine people bankrupt,
 Eight Senate earmarks,
 Seven banks a failin',
 Six comp'ny layoffs,
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the twelfth day of Stim'lus
 my true love gave to me
 Twelve bailouts today,
 Eleven payments past due,
 Ten homes foreclosin',
 Nine people bankrupt,
 Eight Senate earmarks,
 Seven banks a failin',
 Six comp'ny layoffs,
 Five golden 'chutes,
 Four Chinese loans,
 Three bad debts,
 Two shut down stores,
 And a delicious slice of pear.

 On the thirteenth day of Stim'lus
 my true love gave to me
 A hangover that won't quit ...

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My Encounter with the White House Butler by Mike Broemmel

Over the weekend of August 17th, a new motion picture opened in cinemas across the United States. "The Butler" is based on the life of Eugene Allen and his service as a butler at the White House over the course of eight presidential administrations. He eventually became the head butler (technically, the "Maitre d'hotel") at the White House. As the film premiered, I thought back on a balmy summer evening 30 years earlier when I had my own encounter with the man about whom the film is based.

In 1983, I worked at the White House in the Office of Media Relations and Planning. Ronald Reagan was president and D.C., indeed the country, were markedly different than how they are today. For example, even a "low ranking Munchkin" like myself had the ability to arrange for people to have a private West Wing tour after 5:00 p.m.

On that particular evening, I invited a former boss's wife, Karen, to visit the West Wing. Following our walk through of the Oval Office, Cabinet and Roosevelt Rooms, we ventured to the front exterior of the West Wing itself, along the north side of the White House.

As Karen I passed in front of a window to an office in which the top three members of the White House staff were meeting - James Baker, Ed Meese and Mike Deaver - Karen stumbled on a defect in the sidewalk, tumbling to the ground. What we did not know at the moment was Karen broke her arm. What we did know at the moment was Karen could not get off the ground.

What I also realized was that the three most powerful men in the White House, besides the president himself, were gawking out the window at the tableau I felt I created. My former boss's wife law sprawled on a West Wing sidewalk in pain. Baker, Meese and Deaver seemed to be glowering at me from their perch inside the White House. Throwing up seemed to be my next order of the day.

Before I could stew any further, Eugene Allen - by that point in time, the head butler - appeared seemingly from out of nowhere. He took command of the situation with authority, grace and kindness. In a matter of minutes, my friend was in a car and off to the hospital.

Allen next turned his attention to me and what I am sure was a horrified expression etched on my youthful face. With a firm grip on my shoulder, a kindly smile, and a gentle voice, he said: "No need to worry. These things happen." Although I found it hard to believe other folks on the bottom rung of the White House jungle gym invited people in for a tour of the West Wing who ended up injured, his warm tone did calm my own rattled nerves.

Allen would serve the president for three more years before retiring, after 34 years of service. He passed away in 2010.

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Is Title Insurance Available with Quitclaim Deed? by Mike Broemmel - San Francisco Chronicle

Title insurance protects owners of real estate, and mortgage lenders, against any possible losses if the title to real estate is determined to be defective in some manner. If any type of encumbrance, lien or other defect to the title is discovered following the transfer of ownership or the placement of a mortgage lien, the owner and the lender are protected against losses associated with correcting the problem. If you desire to transfer or obtain an interest in real estate through a quitclaim deed, then you need to know whether title insurance is available.

Quitclaim Deed Function

The function of a quitclaim deed is to transfer the interest a purported owner of real estate may have in that property. Unlike a warranty deed, a quitclaim deed does not carry with it a guarantee that the title to the real estate is free and clear of any liens or encumbrances. The person conveying an interest in real estate with a quitclaim deed essentially is doing so in an "as is" condition.

Significance

Because no warranty or guarantee is made regarding the actual state of the title when a quitclaim deed is used, title insurance cannot be obtained. Title insurance is available when a warranty deed is used, because of the clear title guarantee associated with that type of instrument.

Search

A primary reason why title insurance is not available with a quitclaim deed is because no title search is undertaken before such a deed is signed and filed. A title search is a thorough investigation of the state of the existing title to real estate to determine what liens or encumbrances, if any, exist.

Purpose

The purpose of title insurance is to protect a person or other legal entity against losses that arise when a lien or encumbrance is discovered after a transfer of title occurs. In the absence of a title search associated with a quitclaim deed, no title insurance company will extend this type of protection to the property owner.

Warning

A person receiving a purported real estate interest via a quitclaim deed may receive no legal right to the property whatsoever. If the person seeking to transfer real estate with a quitclaim deed has no legal interest, nothing legally is conveyed. In the absence of title insurance--which is not available for a quitclaim deed--the person receiving the quitclaim deed has no legal recourse because the deed itself states that only the interest of the grantor, if any interest exists, is conveyed.

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Jousting with Westboro Baptist Church by Mike Broemmel

The infamous Westboro Baptist Church garners renown for the practice of its members in picketing at funerals, particularly at the memorials of service women and men who died while on active duty. The church is headed up by Fred Phelps and primarily is populated by his children, grandchildren and great grandchildren.

 The Westboro clan brandishes signs at their funeral pickets that are slathered with sentiments that include:

 "Thank God for Maimed Soldiers"

 "Planes Crash God Laughs"

 "Thank God for IEDs" (hidden explosives used in Afghanistan and Iraq)

 "Thank God for Dead Soldiers"

 And the ubiquitous"

 "God Hates Fags"

 Although nothing that Westboro Baptist Church, its pastor and its minions have done to me compares with the egregious *stuff* they have done to others, I decided to share a few lighter moments in my own interactions through time with these folks.

 My first direct encounter with Fred Phelps came in 1988. I was somewhat thinking of running for the state house of representatives that year - a prospect for which the reverend did not approve. He telephoned my office and began the phone conversation with a steamy stream of profanity that began "You God damn Sodomite ..." and frankly degraded from that point. I don't recall saying much of anything but:

 "Reverend Phelps ..."

 "Reverend Phelps ..."

 "Reverend Phelps ..."

 Intoning his name was done amidst the so-called minister of the Lord screaming good old fashioned obscenities at me and equating me with some sort of horned pig. Or maybe it was a goat. I no longer recall for certain.

 In the pre-Internet era, and before the picketing began, the Westboro crew attacked by sending faxes far and wide ripping into a targeted person. For example, from time to time Fred and company would send out a fax attacking me, which included a photo of my face emblazoned with the numerical insignia for the anti-Christ - 666 - across my forehead.

 In addition to being disjointed at best, the faxes spewed forth from Westboro Baptist Church were also remarkably contradictory. For example, on one occasion, while calling me a "faggot" they also accused me of participating in "kinky threesomes" in a local fine dining establishment with the state's attorney general (a woman) and a local, 70-something year old, county commissioner (a woman). Heck, the three of us never even ate together at the bistro in question.

 When Bob Dole ran for president in 1996, I was delegated (perhaps relegated) to be on hand at the train station in Topeka, Kansas, to greet a train running from Chicago to the convention site in San Diego. Republican delegates were on the train and wanted to set foot in Dole's home state of Kansas.

 The train arrived at the Topeka station at about two in the morning. Stalwarts to the end, the only members of the public on hand were Fred Phelps and a few of his family members - toting signs that include messages like "Bob Dole is a Fag" and "Elizabeth Dole is a Dike."

 The delegates got off the train to be greeted by these placards. A well coiffed, immaculately dressed, martini glass holding Republican woman came up to me and asked: "Does that sign say Bob Dole is a fag?" Having no time to even attempt to explain the Phelps family and Westboro Baptist Church to a momentary passerby, I could only shrug my shoulders and respond "Probably."

 I ultimately did run for elective office, the state senate, in 1992. During the summer, on my regularly scheduled trash day, I was leaving my home when I realized that my trash bags were gone, but everyone else on my block still had their garbage on hand. Rumors swirled for several years that the Phelps family members were not above stealing trash. In fact, a colleague of mine observed some Phelps family members rooting through the garbage of a mental health center in 1986 late at night.

 I rather concluded that my garbage was in the clutches of the Westboro Baptist Church. But, I had a plan ...

 I took a few garbage bags, loaded them up with trash, and opened multiple cans of tuna fish. I dumped the tuna into the bags, closed the bags up tightly and left them in my sweltering summer garage for a week. I dutifully took the garbage out to the curb on trash day.

 Indeed, during the night, I observed a pickup truck rumble up, two heavy set women got out and nabbed the bags. Off they went.

 I can't quite imagine the smell that greeted the Phelps crew when they opened the bags. I can report that my trash was never taken again ...

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Tenant's Rights in Bankruptcy by Mike Broemmel - San Francisco Chronicle

When the owner of any type of rental property files for bankruptcy, the tenants living in the premises are vested with specific rights, according to the U.S. Bankruptcy Code. These rights center on ensuring the protection of the interests of the tenant established in the lease agreement throughout the course of the bankruptcy.

Types

The primary right of a tenant in a bankruptcy case is to remain in the premises as set forth in the lease. The U.S. Bankruptcy Code does not give the court or any party to a bankruptcy the ability to alter an existing lease without the express consent of the tenant. A tenant also is entitled to notice of the initiation of a bankruptcy case.

Exception

The one exception to a tenant's right to remain in the premises occurs with regard to a commercial lease in a Chapter 11 bankruptcy. A Chapter 11 bankruptcy permits a business to reorganize its operations and restructure its debts. Toward that end, the bankruptcy court is vested with the ability to terminate a long-term lease (over three years, for example) during the course of bankruptcy proceedings, according to the U.S. Bankruptcy Code.

Misconceptions

A prevalent misconception associated with a tenant with a landlord in bankruptcy is that the tenant loses his interest in the property when the landlord begins the bankruptcy process. In other words, the misconception is that a tenant will be removed from the premises during the bankruptcy proceedings despite existing lease terms.

Time Frame

Because the tenant's rights endure for the length of the lease, she may be permitted to remain in the premises for a period of time beyond the conclusion of the bankruptcy proceedings, according to "The Glannon Guide to Bankruptcy” by Nathalie Martin. The final bankruptcy order includes a provision regarding protecting the tenant's rights until the lease ends.

Warning

Merely because a tenant possesses rights does not mean the landlord will respect them. A landlord may not advise the court of the existence of the tenancy or may provide false information to the court. Therefore, a tenant is best served by advising the bankruptcy court of her interest in the premises. She can accomplish this by filling out a proof of claim form advising the court of her interest in the property. The form is available from the clerk of the bankruptcy court or through the court's main website on the forms page.

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Short Sale Deficiency Judgment by Mike Broemmel - San Francisco Chronicle

A real estate short sale is a situation where the amount received through a property sale is less than what is outstanding on the mortgage loan, according to Lawyers.com. The owner of real estate is said to be "under water" when the value of the property is less than the outstanding mortgage. In California, and other jurisdictions, a mortgage lender has the right to obtain a deficiency judgment for the difference between the outstanding loan balance and the amount applied to the mortgage through short sale proceeds.

Function

Laws regarding mortgage loans permit a lender to file a court case in the county where the real estate is located to seek a judgment against a property owner for any unpaid loan balance. Although the borrower has the right to defend herself in such a case, the lender need only demonstrate a valid mortgage loan agreement and an unpaid balance to obtain a deficiency judgment.

Time Frame

A lawsuit filed to obtain a judgment for a deficiency judgment does not include the notification requirements and waiting periods associated with foreclosure cases in California and other states. Rather, a lawsuit seeking this type of judgment is a basic civil case, which proceeds in a much shorter period of time.

Misconceptions

A recurring misconception is that a borrower avoids a deficiency judgment by surrendering the home to the lender rather than pursuing a short sale. The fact is that the lender can seek a judgment for the deficiency between the loan balance and the price the financial institution obtains through a sale or auction.

Prevention/Solution

A deficiency judgment can be avoided if the property owner obtains a specific agreement with the lender in advance of pursuing a short sale, according to "California Real Estate Finance" by Roger Bernhardt, Daniel Bogart, Dan Schechter and Stephen W. Dyer. Many lenders agree to waive any deficiency between the loan balance and the proceeds from the short sale. Lenders consent to this course because allowing a short sale with a deficiency waiver is less expensive than pursuing a foreclosure case against you.

Expert Assistance

Understanding the specific legal requirements associated with a short sale, with an eye to avoiding a deficiency judgment, requires an understanding of real estate and mortgage law as well as court procedure. A party considering a short sale likely is best served consulting with a lawyer before commencing the process. The State Bar of California and the American Bar Association maintain resources designed to aid in finding a suitable lawyer.

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The Stigma of Suicide: A Personal Reflection by Mike Broemmel

Over the course of the past couple of months, I have read quite a number of essays, blog posts and other pieces written by friends, colleagues and strangers on the subject of suicide. Just this morning I read a post on Facebook by a priest who made mention of the death by suicide of one of his friends. The news media is replete with reports of people taking their own lives. These include particularly heart-wrenching stories of children who have killed themselves.

As some of the folks who may read this piece know, I am called upon from time to time to speak at different events, many times on the ups and downs, ins and outs, triumphs and tribulations of my own life. On occasion, what I share in this essay is included in those presentations. Because of the fact that suicide touches so many lives, I decided to pause this evening and share my own personal story through this essay.

Although I occasional do include this experience in presentations, please know that this remains a very difficult and challenging event for me to share with a reader. Normally, words flow easily from my pen and my mouth; however, such is not the case when it comes to what I am sharing today. But, after a good deal of deliberation, I determined it best to set aside my personal comfort and share this experience openly through this essay.

At a particularly low point in my own live, about a dozen years ago, I found myself in a state of true, unbridled despair. On the day after Christmas in 2001, I truly thought I had nothing left to live for, that my life was not worth living – that I lacked any value.

My circumstances were so bleak that evening that the only material objects I had on hand (besides the clothes on the back) were a roll of toilet paper and the stub of a pencil. I determined that I could sharpen the pencil, by scrapping it against a cinderblock wall, and turn it into a makeshift blade. With the sharpened pencil stub, I intended to cut into my wrists and end my life. Indeed, my project progressed to the point at which I actually was able to puncture my flesh.

Nearing the point where I intended to complete my sad objective, at the juncture where I was prepared to take my own life, I had what I can only described as an inspiration. At that moment, I was inspired to write a short story – something I had not done for many years.

In that instant, I turned away from my intended task of self-destruction and went to work. With my sharpened pencil stub, and with shreds of toilet paper, I started writing. I carried on with my creative task until dawn.

I am a person of faith. In looking back on that night some time later, I came to realize that the inspiration to write a story, the inspiration that saved my life, came from God. But, I came to understand something else very important.

God provides us with the tools necessary to meet the challenges we face in our daily lives. In this case, what I thought were meager possessions – a roll of toilet paper and a stub of a pencil – were tools through which I could choose to end my life or undertake an inspired task. The reality is that a person may not recognize what tools exist in his or her life, let alone understand how to use such resources properly. This was the case in my own life, at least initially.

Oftentimes, only the support of another person provides a person in a state of despair the assistance necessary to carry on. Only through the support and assistance of another person does an individual laboring under suicidal ideations understand what tools he or she has in his or her own life, tools which can be used to build a positive future. Sometimes God’s inspiration comes in the way we communicate and connect with someone in need.

Unfortunately, because of the persistent stigma attached to the contemplation of suicide, many people – including children – do not reach out for help. As more people come forward and share their own experiences with potentially life-ending decisions, I truly believe the stigma attached to the subject of suicide will lessen. I offer this essay as my own small contribution to this process.

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How to Beat Foreclosure Through Bankruptcy by Mike Broemmel - San Francisco Chronicle

Simply because your mortgage lender filed a foreclosure case against you does not mean you must wave a white flag and surrender. Strategies exist that permit you to protect yourself from the lender prevailing in a mortgage foreclosure case. Depending on your overall financial situation, filing for bankruptcy is a viable option, according to Cornell University Law School. Indeed, if you find yourself behind in mortgage payments, you likely are in a situation where bankruptcy makes financial sense for you. Through a bankruptcy, you avail yourself of legal protections that work to beat the foreclosure case.

Request a petition for bankruptcy. The bankruptcy court clerk provides all necessary forms, if you lack an attorney. Forms also are available through the bankruptcy court's website.
 
Complete the petition for bankruptcy. The form comes complete with instructions. List the real estate in foreclosure as an asset, noting that the property is involved in litigation with the mortgage lender.

File the petition. Filing is accomplished by taking the original form to the clerk of the bankruptcy court and paying the required fee.

Advise your mortgage lender of the bankruptcy filing. The moment you file for bankruptcy, the court issues an order of automatic stay. This order requires all creditors to cease their activities; therefore, the mortgage lender can no longer sue you. A period of time elapses before a creditor receives this notice from the court. You speed up the process of stopping the foreclosure case by sending your own notification to the lender, with a copy of the bankruptcy petition.

Inform the mortgage lender you want to enter into a reaffirmation agreement. A reaffirmation agreement is a new contract with the mortgage lender. Through the reaffirmation agreement, you agree to make mortgage payments in the future and the loan is brought current, with past-due payments added back into the loan.

Obtain and file a reaffirmation agreement form. The mortgage lender or the bankruptcy court clerk maintains the form. The lender usually completes the form. Make sure you review the document closely to ensure it meets your approval. File the reaffirmation agreement with the bankruptcy court clerk.

File a motion to dismiss in the foreclosure case. The mortgage lender may take this step. In any event, make sure the foreclosure case is formally dismissed by the court where that case was filed.

Warning

Dealing with foreclosure and bankruptcy is a challenging legal task. Consider retaining an attorney to assist you in beating the foreclosure through bankruptcy. The American Bar Association provides resources to help you find a lawyer.

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Guidelines for Landlords by Mike Broemmel - San Francisco Chronicle

California law establishes a specific set of guidelines for landlords, according to the California Department of Consumer Affairs. These guidelines address everything from screening prospective tenants to evicting tenants from the property. Before renting property to a tenant, a property owner must understand the basic guidelines associated with leasing real estate.

Definition of Landlord

Under California law, a landlord is defined as an individual or business that owns or manages rental or leased property. A landlord can rent or lease residential, commercial or undeveloped property. Different California statutory provisions govern the terms and conditions of each type of property.

Unlawful Discrimination

A landlord cannot decline to rent to a prospective tenant based on certain characteristics of that individual, according to the California Department of Consumer Affairs. For example, a landlord cannot refuse to rent to a prospective tenant because of his race, religion, sex or age. The one exception to the age issue is a rental community that caters to people over the age of 55.

Habitable Premises

A landlord must maintain the rental property in a habitable condition, according to the California Department of Consumer Affairs. "Habitable condition" means that the landlord must remain in compliance with state and local housing and building codes. A landlord must repair any element of the premises that substantially deviates from the housing or building code. For example, if a water pipe breaks, the landlord must take all reasonable steps to repair the plumbing immediately.

Rent and Other Lease Provisions

A landlord is entitled to payment of rent in a timely manner pursuant to the terms and conditions of the lease agreement. Additionally, a tenant must comply with all other provisions of the lease agreement. If the tenant fails to pay rent in a timely manner or violates other lease provisions, the landlord is entitled to begin the eviction process. The landlord provides the tenant with a notice, as established by California law. For example, if the tenant fails to pay rent, the landlord serves a three-day notice on the tenant. The notice gives the tenant three days to pay the past-due rent or vacate the property. If the tenant does neither, the landlord has the right to initiate an eviction lawsuit.

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How I Crushed My Fast Food Addiction and Launched a Healthy Diet -- What I Did to Lose 80 Pounds in Six Months by Mike Broemmel

Controlling my weight presented a challenge during much of my adult life. A couple of years ago, I exploded to over 220 pounds, while standing at only 5'6". My poor nutrition resulted in health issues that included dangerously high blood pressure and a diagnosis as being a borderline diabetic.

The primary factor that contributed to my obesity was my fast food habit. On average, I ate at fast food restaurants two and sometimes three times a day, nearly every day of the week. I managed to drop 80 pounds and arrive at a healthy weight within six months by breaking my fast food habit.

Drink Water

The first and most effective step I took to cut my addiction to fast food was drinking a plentiful amount of water each and every day. Without fail, I drank (and continue to consume) a minimum of eight 8-ounce glasses of fresh water each and every day. Indeed, I begin my day by drinking two glasses when I rise in the morning before I do anything else.

Ensuring the proper intake of water not only assists in optimizing digestive functioning but it made me feel fuller throughout the course of the day and rendered me less inclined to munch on fast food throughout the day.

Substitute Healthy Tasty Food Options
 Readily having healthy and yet truly tasty food options readily available was a key component of kicking the fast food habit. I stocked up on fruits and vegetables and lean meats that I enjoyed. I did not burden my diet with those fruits and vegetables I did not care for despite the fact that they might be healthy choices. In the end, replacing fast food with a selection of fresh fruits and vegetables, together with lean meat, was an improvement even if I did not embrace a wide selection of these types of foods.

Stock Easy to Prepare Items

One of my attractions to fast food arose from how convenient it is in a fast paced life. I do maintain a very full schedule and throughout much of my adult life, fast food seemed to be my only reliable dietary option. In order to ensure that I would have a plentiful supply of easy to prepare options, I shopped at markets that carried wholesome food selections and prepared meal options.

I also selected fruits that were ready to eat. For example, I made sure I kept grapes, apples and fruits that did not require what I oftentimes considered a cumbersome peeling ritual before consuming. The act of having to peel an orange, and the time involved, was enough to deter me from selecting this type of fruit. However, such an excuse evaporated when I maintained a selection of truly ready to eat fruits.

Make Dining Out an Event

Rather than making eating out something done in haste, I reoriented my out of home dining experiences to fashion them into events. Rather than something done on the spur of the moment, I made dining out something to be done with friends, something to be done leisurely. The net effect was to force my dining out of the home experiences from fast food joints to sit down restaurants and bistros that offer healthier menu selections.

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How to Transfer Property with Quitclaim Deed by Mike Broemmel - San Francisco Chronicle

A quitclaim deed is a legal document designed to transfer whatever interest you have in real estate to another person, according to MortgageFit. Unlike with a warranty deed, you make no guarantee that you possess any interest at all in the property. Because of the lack of guarantee, a quitclaim deed is not suitable for use in a real estate sales transaction. However, it is useful for transferring a property interest between spouses or other family members and in other similar situations.

Obtain a quitclaim deed form from the register of deeds office in the county where the real estate is located.

Request a copy of the current deed on file with the register of deeds at the same time that you obtain the quitclaim deed form.

Fill out the quitclaim deed. Insert the name or names of the current owner or owners of the property. Add the name of the party to whom the interest in the real estate is being transferred by the quitclaim deed.

Insert the legal description for the property. You obtain the legal description from the copy of the current deed to the real estate obtained from the register of deeds office.
 
Sign the quitclaim deed in front of a notary public, who will then sign and stamp it.
 
Return to the register of deeds office and file the quitclaim deed. The filing of the deed completes the transfer process.

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Uniform Landlord and Tenant Act by Mike Broemmel - San Francisco Chronicle

The Uniform Landlord Tenant Act, technically entitled "The Uniform Residential Landlord and Tenant Act," provides a comprehensive legal scheme governing the relationship between tenants and property owners or managers. California uses a version of the law known as the California Residential Landlord-Tenant Act, according to Landlord.com.

Features

The features of the Uniform Landlord Tenant Act in California, and in all other states that adopted a version of this law, include specific guidelines for screening tenants. For example, a landlord cannot deny a rental application based on such factors as the race, sex or religion of a prospective tenant. The act requires a three-day notice if a landlord desires to evict a tenant for violating the lease -- for example, for failing to pay rent. A landlord can withhold all or part of the security deposit after the lease ends, to cover damages to the property or unpaid rent.

History

The Uniform Landlord Tenant Act is the creation of the National Conference of Commissioners on Uniform State Laws and was developed for implementation in all states. The original version of the proposed legislation was presented by the commissioners at their annual conference in 1972, held in San Francisco, according to the University of Pennsylvania Law School.

Time Frame

The Uniform Landlord Tenant Act involves three separate aspects of the landlord and tenant relationship. It addresses issues surrounding the pre-lease period of time, the term of the lease itself and matters that arise at the conclusion of the lease term. The law takes a comprehensive approach to the entire landlord and tenant relationship.

Misconceptions

A common misconception associated with the Uniform Landlord Tenant Act is that the provisions of the law govern commercial lease agreements. Although some similarities exist between commercial and residential landlord and tenant laws, these represent separate and distinct statutory schemes.

Warning

Disputes arising out of the Uniform Landlord Tenant Act -- an alleged lease violation issue, for example -- represent complicated legal matters. A landlord or tenant involved in such a matter typically is best served retaining the services of an experienced lawyer. The State Bar of California and the American Bar Association maintain resources to assists landlords and tenants in finding legal representation.

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