Sunday, November 30, 2008

Failure to Reply

As I mentioned previously, I wrote to Chief Silvernail of the Mehlville Fire Department about the numerous problems related to his new contract that was approved by the Board of Directors on Oct. 29th, 08 but dated April 4th. The chief turned my request over to the district's attorney Matt Hoffman who has refused to address the gifts that violate Missouri's laws. This is unfortunate as the district will continue to waste our tax dollars responding to the state's attorney general's office which I'm told recently admonished the department for numerous violations of Missouri's Sunshine Laws.

Saturday, November 29, 2008

A Win-Win Bankruptcy Reform

By Rich Leonard
Friday, November 28, 2008;
I watched a middle-aged widow lose her home recently.
Her story was familiar. She owned her simple brick residence outright until four years ago, when a mortgage broker stopped by and offered her a loan too good to be true. In exchange for taking on a modest monthly payment, she could make some needed repairs and consolidate other debts.
More sophisticated than many borrowers, she realized she was getting an adjustable-rate mortgage. What she didn't realize was that, in the biggest "bait-and-switch" ever pulled by an entire industry, her ARM was not tied to the prime rate or any other index, as adjustable-rate mortgages have traditionally been. Her rate simply adjusted periodically, ever upward. When it hit 14 percent, her social worker's salary could no longer cover the payments.
I watched this story unfold in court, from my seat in a bankruptcy judge's chair. While a Chapter 13 filing temporarily stopped the foreclosure on this woman's home, it did little more than buy a few months' time.
Under existing law, bankruptcy courts cannot modify the terms of home mortgages. To keep her home, this debtor needed to demonstrate sufficient income not only to make her ongoing payments at 14 percent but also to cover, during her five-year repayment plan, the payments she had defaulted on. Her proposed plan was clearly not feasible based on her salary, so I had no choice but to lift the stay and allow the foreclosure to continue.
Homeowners are the only ones who cannot modify the terms of their secured debts in bankruptcy. Corporate America flocks to bankruptcy courts to do precisely this -- to restructure and reamortize loans whose conditions they find onerous or can no longer meet. Airlines are still flying and auto parts makers still operating because they have used this powerful tool of the bankruptcy process. Lehman Brothers will surely invoke it. But when the bankruptcy code was adopted in 1979, the mortgage industry persuaded Congress that its market was so tightly regulated and conservatively run that it should be exempted from the general bankruptcy rules permitting modification.
How far we have come.
For more than a year, a number of legislators, academics and judges have advocated removing this ban on home mortgage modification to help stem the increasing number of foreclosures. I have twice participated in briefing sessions organized by the House Judiciary Committee, where I was lectured by lobbyists for the mortgage industry about the sanctity of contracts. I have listened to their high-priced lawyers make fallacious constitutional arguments based on discredited cases from the 1930s. (This is, incidentally, an industry that is not particularly concerned about its own contractual obligations as it tries, through various Treasury-aided programs, to stay afloat.)
Allowing modifications is a solid solution, as evidenced by my example. This homeowner could have restructured her loan to terms resembling those of a conventional mortgage. If the court found that the market value of her home had fallen below what she owed, the secured portion that must be repaid in full would be reduced to the house's actual value; otherwise, the amount to be repaid would stay the same. The interest rate would be adjusted to reflect the prevailing market. However, because this homeowner is a riskier borrower than most, I would have raised her rate to account for that increased risk, as Supreme Court precedent requires. Instead of 14 percent, the rate would probably have been in the high single digits. This homeowner -- with her steady income -- could have made the reduced payments.
Such a solution would have been better for everyone. Obviously, it would have been good for the homeowner and the community in which she lives. Instead of another abandoned house tied up in foreclosure, her residence would be owned by a taxpaying citizen. More important, it would have been good for the lender. Whatever unknown mortgage syndicates hold pieces of this loan, they are never going to get their 14 percent return. Instead, the total recovery will be limited to the proceeds from a foreclosure sale in a depressed market. Any deficiency owed by the homeowner will be discharged as part of her bankruptcy. No one has been able to explain to me why it is not better for mortgage holders to get a fair return of principal back, albeit at a lower interest rate, than to take a lump sum through foreclosure that is probably much less than the value of the note.
There is a simple answer to the frequent, hyperbolic assertion that such a process would be abused: Chapter 13 is no walk in the park. It requires public disclosure of every aspect of your life, examinations under oath by a trustee and creditors, allowing creditors to haul you into court on any objection, and relinquishment of control of your financial life for up to five years. If you falter, your case will be dismissed and you will lose the entire benefit of the bankruptcy law, including having your original contract terms reinstated. That is precisely why allowing mortgage modifications is such a good approach. It would elegantly separate those homeowners who desperately need to stay in their homes and have sufficient incomes to make reasonable payments from those investors who bet on lax regulation, easy credit and an appreciating market in buying residential properties. Those in the latter category will have no use for this process, but for the first category, it could be a powerful step back to financial stability.

The writer is a judge with the U.S. Bankruptcy Court in the Eastern District of North Carolina.

Tuesday, November 25, 2008

Mehlville Fire Board Meeting Monday

Mehlville Fire Protection District Agenda
Directors' Meeting December 1, 2008
MFPD Conference Room
11020 Mueller Road



CALL REGULAR MEETING TO ORDER AT 5:00 P.M.



OLD BUSINESS
Open Pumper Bids
Health Insurance Renewal


NEW BUSINESS


PUBLIC COMMENTS


BOARD VOTE ON CLOSED SESSION
OPEN SESSION ADJOURNMENT

CLOSED SESSION IMMEDIATELY FOLLOWING OPEN SESSION
Personnel
Legal

CLOSED SESSION ADJOURNMENT

(Individuals wishing to make comments should fill out a Speaker's Card and turn it in to the Chairman before the meeting. )
The District's Training Facility and Conference Room are handicapped accessible. If you need any special accommodations, please contact 314.894.0420, extension 1713 between 8:00 a.m. and 4:00 p.m. Monday through Friday.
Posted 11/26/2008 @ 1600

Monday, November 24, 2008

Mehlville Fire Meeting Tonight

Mehlville Fire Protection District Agenda
Directors' Meeting November 24, 2008
MFPD Conference Room
11020 Mueller Road

CALL REGULAR MEETING TO ORDER AT 5:00 P.M.

PAYMENT OF BILLS OF NOVEMBER 10, 2008

TREASURER'S REPORT AS OF OCTOBER 31, 2008

OLD BUSINESS
Open Bids for Computer Network Analysis


NEW BUSINESS
Health Insurance Renewal


PUBLIC COMMENTS


BOARD VOTE ON CLOSED SESSION
OPEN SESSION ADJOURNMENT

CLOSED SESSION IMMEDIATELY FOLLOWING OPEN SESSION
Personnel
Legal

CLOSED SESSION ADJOURNMENT

(Individuals wishing to make comments should fill out a Speaker's Card and turn it in to the Chairman before the meeting. )
The District's Training Facility and Conference Room are handicapped accessible. If you need any special accommodations, please contact 314.894.0420, extension 1713 between 8:00 a.m. and 4:00 p.m. Monday through Friday.
Posted 11/21/2008 @ 1600

Friday, November 21, 2008

Mehlville Fire Board Needs to Answer Some Questions

To: Mehlville Fire District Board of Directors and Chief James Silvernail,

Having requesting Chief Silvernail's last several contracts under Missouri's Sunshine Law, I have some questions about them.

1. The latest contract which was approved Oct. 29th by the BOD is dated 4/4/2008. I assume this is a clerical error. I would like a new copy after it is corrected.

2. As I understand it, the Chief agreed to a two year contract starting 4/25/08 at $100,000 a year and $11,000 in lieu of pension. Then, on Oct 29th it was changed to $103,000 and $11,330 again beginning 4/25/08. This would be a gift to give a salary increase for time already completed and a violation of Missouri statutes.

3. Also, 3.g it appears another gift was given to Chief Silvernail in the form of payment of legal expenses, "including litigation prior to this agreement."

4. It appears the district violated the Sunshine Law in not stating that the were going into closed session to discuss hiring, firing, etc. I can't be sure of this because the district does not take take minutes of the meetings, nor provide them, in violation of Missouri's Sunshine Law and 321.200.
Please provide some explanation for what appears to be egregious and wilful violations of Missouri's laws.
Mike Heins

Thursday, November 20, 2008

Tesson Ferry Democrats Meeting

The next meeting of the Tesson Ferry Democratic Organization is:
Monday, November 24, 2008 7 P.M.@ Frailey's on Butler Hill (next to Schnucks)
Club Business is on the agenda
Upcoming event: Christmas Party, Monday, December 15th, 2008 6 P.M. @ Genesis Banquet Center on Telegraph Free to Members
(No Tesson Ferry Meeting that month)
Hope to see you all there.
Tom Organ
Secretary
TFDO

Wednesday, November 19, 2008

Mehlville Fire Protection District Meetings Update

Mehlville Fire Protection District
2008 Board Meeting Dates


7:00 p.m.
November
24
5:00 p.m.
December
1
5:00 p.m.
December
18
7:00 p.m.

Tuesday, November 18, 2008

Governor Blunt Ordered the Code Red

In the movie, A Few Good Men, Jack Nicholson's character would not acknowledge that he ordered the unauthorized disciplinary procedure which lead to the death of a young marine. I don't know how others feel when watching the movie but it doesn't bother me all that much. The fact is military leaders me decisions all the time that lead to injuries and deaths of their troops. It's a tough part of the job. The problem with Colonel Jacob was that he was going to let two enlisted men stand before a court martial for something that was his responsibility. This conduct is truly unbecoming for a United States Military Officer.
But that's a movie. What we had at Governor Blunt's office was reality. He was responsible for the e-mail problems at his office. They had numerous problems retaining the state's business records and also attempted to destroy those records. For that mess, I can't get too worked up, but I can not excuse the firing of the attorney who tried to stop it and the attempt to ruin his reputation with slander.
It's a shame Gov. Blunt doesn't think we can handle the truth!

Diehl vs Fred Weber, Inc. 22052-07589 Update

22052-07589 - DIEHL VS FRED WEBER INC

MONDAY, FEBRUARY 9, 2009
Judge/Commissioner Time Day Setting Event

THOMAS C GRADY
9:00 AM Jury Trial
Event Text: Location:Division 1 City of St. Louis

Saturday, November 15, 2008

21st Annual Budweiser Guns 'N Hoses

Scott Trade Center Nov. 26th (Thanksgiving Eve)
17 Boxing matches featuring local police officers and firefighters
Tickets are $30, $25 and $20
and can be purchased at the box office or at ticketmaster.com
Proceeds go to Backstoppers

Friday, November 14, 2008

Delay Again in Diehl vs. Fred Weber

This time the Diehl team has asked for the delay:

22052-07589 - DIEHL VS FRED WEBER INC

11/12/2008 Docket Entry:
Hearing Continued/Rescheduled
Associated Docket Entries:
10/24/2008 - Jury Trial Scheduled
Associated Events:
12/15/2008 , 09:00:00 - Jury Trial
Docket Entry:
Jury Trial Scheduled
Associated Events:
02/09/2009 , 09:00:00 - Jury Trial
Docket Entry:
Motion for Extension of Time
Text:
PLAINTIFF'S MOTION FOR ADDITIONAL TIME T O FILE RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT CALLED HEARD AND SUSTAINED. PLAINTIFF GRANTED UNTIL JANUARY 5, 2009 IN WHICH TO FILE HER RESPONSE TO MOTION FOR SUMMARY JUDGMENT. BY CONSENT AND FOR GOOD CASUE SHOWN CAUSE REMOVED FOR TRIAL DOCKET OF DECEMBER 15, 2008 TO BE RESET IN ITS NORMAL COURSE. SO ORDERED:JUDGE DAVID DOWD

Upcoming Mehlville Fire Board Meeting

As of this week, I've been added back to the Mehlville Fire District's media notification list. You should now be able to get timely information about your fire district's business.

Mehlville Fire Protection District Agenda
Directors' Meeting November 18, 2008
MFPD Conference Room
11020 Mueller Road



CALL REGULAR MEETING TO ORDER AT 7:00 P.M.

PAYMENT OF BILLS OF OCTOBER 27, 2008

OLD BUSINESS
Seniority/Vacancy Bidding Process

NEW BUSINESS
AED Program

PUBLIC COMMENTS

BOARD VOTE ON CLOSED SESSION
OPEN SESSION ADJOURNMENT

CLOSED SESSION IMMEDIATELY FOLLOWING OPEN SESSION
Personnel
Legal

CLOSED SESSION ADJOURNMENT

(Individuals wishing to make comments should fill out a Speaker's Card and turn it in to the Chairman before the meeting. )
The District's Training Facility and Conference Room are handicapped accessible. If you need any special accommodations, please contact 314.894.0420, extension 1713 between 8:00 a.m. and 4:00 p.m. Monday through Friday.
Posted 11/14/2008 @ 1600

Wednesday, November 12, 2008

Congratulations to the St. Anthony's Emergency Room

I must give credit where it's due. Our St. Anthony's Medical Center's emergency room was not the worst of the areas hospitals turning away patients in September. They were on diversion 18.4 hours or 2.6% that month. Three other hospitals had worse turn- away numbers out of 23 reporting centers in the St. Louis area. That's much improved over recent months. Just this last April, they were turning away patients 32% of the time. This still isn't great patient care, coupled with the problems we are having with our fire district, but I'm glad they are moving forward.

Tuesday, November 11, 2008

Mehlville Fire Protection District Meeting Dates

Mehlville Fire Protection District
2008 Board Meeting Dates

7:00 p.m.
November
18
7:00 p.m.
November
25
5:00 p.m.
December
1
5:00 p.m.
December
18
7:00 p.m.

Happy Veterans' Day

From: "David
To: "'Jeff, "Mike Heins"
Subject: Veteran's Day
Date: Tue, 11 Nov 2008 15:31:45 -0500
Gentlemen:
I read this today and thought of the two of you.
Sacrifice is a word that we have heard during the recent campaign. The word
has the same root as "sacred." We are told that we will be asked to
sacrifice more in the future.
Today on Veterans Day, let us acknowledge the sacrifice that the military
men and women, and their families, make daily. They sacrifice time, income,
relationships, health and often the supreme sacrifice, life.
Their commitment can serve as an example. It can help us to keep things in
perspective as we make sacrifices in our daily life.
We already know this. What I found interesting is that it was written by a
woman who had never served in the military. It is nice to know that some
non-veterans out there "get it".
Hope you are doing well. Take care, Dave

Friday, November 7, 2008

Mehlville Fire Department Chooses to Spend More Money on Litigation

As I'm sure most of you know by now, the firefighters wrongfully fired by the Mehlville Fire Protection District have filed their lawsuit. Our district will be wasting valuable resources on this indefensible lawsuit.

Monday, November 3, 2008

Diehl vs Fred Weber, Inc. 22052-07589 Update

Defendant Fred Weber appears to to stay on the offensive.

10/31/2008 Docket Entry:Motion for Summary Judgment
Text:
MOTION FOR SUMMARY JUDGMENT ON THE PRIMA FACIE TORT COUNT.
Filing Party: FRED WEBER INC

Voting for Judges in St. Louis County

Vote No
Dale W. Hood
Family Court Judge
According to Patrick M. O'Connell's article in the St. Louis Post Dispatch, Family Court judge is unfit, review panel says, we need to vote no on Dale W. Hood.
An expanded statewide review has recommended all judges be retained in St. Louis County except for Judge Dale W. Hood. He scored low in several areas including weighing evidence fairly and impartially.
To keep Missouri's non-partisan court system working, we must let go of those judges that don't meet high standards.