Thursday, April 21, 2005

U.S. President George W. Bush signed into law Wednesday a major bankruptcy reform bill, making the most sweeping changes to the laws of personal bankruptcy in the past two decades. Bill S.256 is predicted to reduce the chances of filing Chapter 7 bankruptcy for 30,000 to 210,000 families per year, according to the American Bankruptcy Institute.

The legislation was strongly opposed by some consumer advocates and by some Democrats in Congress, who complained about the lack of debate on exemptions they attempted to introduce and tried to derail the passage of the bill. Those who are unable to file for Chapter 7 bankruptcy will then be forced to file under Chapter 13, which requires payment of some debts by order of a judge based on the financial resources of the debtor.

Opponents said the bill will end a chance for a fresh start in the financial lives of the American people by keeping them in debt to collection agencies, as well as credit card companies and banks who have made it easy to obtain high credit limits amid mounting consumer debt.

In his remarks before signing the bill, which he supported, Bush said, “The bipartisan bill I’mabout to sign makes common-sense reforms to our bankruptcy laws. By restoringintegrity to the bankruptcy process, this law will make our financial systemstronger and better. By making the system fairer for creditors and debtors,we will ensure that more Americans can get access to affordable credit.”

The bankruptcy bill received a 302-126 approval in the house, after receiving a 74-25 vote in the Senate last month following strong, mostly partisan debate.

The US bankruptcy system was established in 1898. It allowed judges and debtors to come to terms with the costly medical bills that can follow a relative’s death, or a family illness. Such cases form nearly half of all bankruptcies filed in the USA, according to the American Bankruptcy Institute.

Now many of those people will have to work out repayment plans suitable to creditors instead of having debts erased by a judge, according to the new law, which takes effect in six months.

In the past, a judge or court representative would calculate an individual’s income and subtract necessities of life to come up with a practical repayment plan of some debt. The new law stipulates that a graph, showing the poverty level in whichever state the consumer is living will be the criteria. It assumes that if people can subsist at that poverty level, then everything over that can be used to repay creditors.

Additionally, a provision that allowed debtors to file their own Chapter 7 fresh start bankruptcy has been changed to require a lawyer, paid by the debtor, to do the filing.

The new law also erased “usury” provisions in lending laws, with some lawmakers saying that paying 30 percent interest was not too much when a debtor was behind on payments.

But Bush said that credit will “be more affordable because when bankruptcy is less common, credit can be extended to more people at better rates,” meeting demands of the credit card companies which they have been pressing for the last eight years.

“The big winners under the new law will be the special interests that literally wrote it, particularly the credit card industry,” said Travis B. Plunkett, legislative director of the Consumer Federation of America. “This is particularly ironic because reckless and abusive lending practices by credit card companies have driven many Americans to the brink of bankruptcy.”

The forces arrayed on the losing side of this bill said it will hurt low-income working people, single mothers, minorities, and elderly and will end a safety net for people who have lost jobs or face major medical bills. People who fail (refuse) to pay or refuse to go to court will punished by a fine and or arrest warrant made out in their name. About fifty thousand Americans will be punished by a fine and or warrant about three thousand Americans every year will go to jail under the new bankruptcy law. For some people this will be a third strike so they will be put in jail for life.

But Mallory Duncan, a lawyer for the National Retail Federation, said “Bankruptcy has gone from a stigma to a financial planning tool for many.”

New personal bankruptcy filings have increased from 172,423 in 1978 to 1,599,986 last year, an increase of 828% during that time; however, it edged down slightly last year.

About 2 percent to 13 percent of those who dissolve their debts in Chapter 7 bankruptcy each year in exchange for forfeiting some assets will be disqualified from doing so under the law, according to the American Bankruptcy Institute.

Bankruptcy lawyers anticipate a rush to the courthouse to beat the six-month window before the new reforms take effect.

Wednesday, March 2, 2005

Bucharest, Romania — The city centre of Bucharest, the capital of Romania, is set to get a major facelift due to a real estate project called Esplanada (The Esplanade), which will be constructed by TriGranit Development Corporation. The total investment in the project will be greater than 800 million euro and aims to build a modern commercial pedestrian area in downtown Bucharest, with several shopping malls, office buildings, hotels and dwellings. It will be the largest real estate program in Romania since the fall of Communism in 1989.

Bucharest is currently looking at possibilities to improve its appearance and rebrand itself as a lively, creative and vibrant city. Many initiatives have sprung up to improve the city, including the organisation of CowParade later this year. Additionally, the old town centre will be restored. Due to Romania’s current economic boom, several other major construction projects are taking place.

Bucharest City Hall has blocked traffic in the city center due both to the old town restoration and to the Esplanada project.

Wednesday, September 29, 2010

Joseph Cerniglia, a chef who had appeared on Gordon Ramsay’s television show Kitchen Nightmares, has commited suicide. Cerniglia was the owner of Italian restaurant Campania. He jumped off a bridge into the Hudson river on the New York–New Jersey border. At the time of filming in 2007, Cerniglia owed suppliers $80,000.

Officials reported that 39-year-old Cerniglia had jumped off of the George Washington Bridge into the Hudson. His death has officially been ruled as suicide. His body was retrieved from the river after reports of a man jumping off of the bridge.

Ramsay released a statement to the Press Association saying “I was fortunate to spend time with Joe during the first season of Kitchen Nightmares. Joe was a brilliant chef, and our thoughts go out to his family, friends and staff.”

Cerniglia told Ramsay about his personal debt when he came to the restaurant in 2007. He said “I am financially in trouble. The debt of the restaurant alone is overwhelming. My personal debt — wife, kids, mortgage — that’s a lot of debt”.

Friday, May 6, 2005

On Thursday the 24th of March, 2005, Anna Ayala, a woman from Las Vegas, claimed to have found a human finger in her bowl of chili at a Wendy’s restaurant located at 1405 Monterey Highway, just south of downtown San Jose, California, owned by Fresno-based Jern Management. The finger, which probably belonged to a woman as it had a long and manicured fingernail, did not belong to any of the restaurant employees. The food supplies were seized by officials to be traced back to its manufacturers, while the restaurant was permitted to open again later with chili prepared from fresh ingredients.

[edit]

Wikinews reporter David Vasquez drove his car up to the drive-thru menu and found that chili was still on the menu, at a price of US$1.19 for a small serving. He also witnessed workers unloading supplies from a semi-trailer truck in the restaurant’s parking lot, and carting them into the back door of the establishment.

Initially, county health officials said Ayala was fine and the finger had been cooked, which would have killed any bacteria in the finger. However, on March 27, officials admitted they were not so sure anymore. Tests were done on the finger to determine this. Dr. Martin Fenstersheib, Santa Clara County’s health officer, said that even if the finger was still raw when Ayala bit into it, the risk was low that she would have become infected with anything. However, he advised that Ayala should undergo a series of precautionary follow-up tests.

Sales at Wendy’s went down because of the incident. Wendy’s International, Inc. (WEN) closed at US$39.43 on Thursday the 24th, and as the stock exchange was closed for the Good Friday holiday, traders did not weigh in the stock until the next Monday.

By Tuesday the 5th of April, officials had still not succeeded in tracking down the owner of the finger. The fingerprint on the detached digit has been run through an FBI database as well as the local criminal database in Santa Clara County, but no matches were found. According to Rich Reneau, who was leading the investigation at the time, the fingerprint was marginal, and the likelihood of finding a match was slim.

Wendy’s stock did not go down significantly and was trading at US$39.37 that morning.

[edit]

The next day, on Wednesday the 6th, Las Vegas police searched the home of Anna Ayala. About a dozen officers conducted the search at Ayala’s home at Maryland Parkway and Serene Street at about 4 p.m. local time (23:00 UTC), according to witnesses at the scene. Ayala and other residents were handcuffed and brought out of the house. Ayala said that her teenage daughter, Genesis Reyes, had torn shoulder ligaments as a result of the search. The Las Vegas Review-Journal ran a photo of Reyes wearing a sling in their Friday edition. In San Jose, police spokeswoman Gina Tepoorten confirmed to reporters that investigators had served the warrant in cooperation with Las Vegas police on Wednesday, but she refused to reveal specific details about the warrant. By that time, Wendy’s was offering a US$50,000 reward for information leading to the source of the finger.

Research by the Associated Press uncovered Ayala’s history of lawsuits. Ayala successfully won her suit for medical expenses against the national El Pollo Loco chicken-chain, a previous employer, after her daughter Genesis contracted salmonella poisoning, allegedly from eating at the restaurant. However, Ayala lost another suit against General Motors in 2000 claiming that a wheel fell off her car. She also started a sexual harassment suit against her former boss in 1998. A total of 13 lawsuits in California and Nevada had been filed. Ayala replied the focus should be on Wendy’s, and not her record of lawsuits. Nick Muyo, a spokesman for the San Jose Police department, said not to expect new information in the case for at least a week.

[edit]

On Wednesday the 13th there was a potential new lead in the investigation. A spotted leopard had torn off part of a finger from an owner of exotic animals, Sandy Allman, in Pahrump, Nevada. The portion of Allman’s torn off finger was approximately the same size – 1 1/2-inches long. Pahrump is approximately 45 miles away from Las Vegas. Carol Asvestas, who owns an exotic animal sanctuary, told the San Jose Mercury News she witnessed the leopard tear off the finger. She reported the incident to a hotline run by Wendy’s offering the US$50,000 reward. Cindy Carroccio told the San Jose Mercury News that the finger was not reattached, and that the clinic “gave it back to her (Allman) in a little bag of ice.” On the same day the lead was announced, Ayala decided to drop her lawsuit against Wendy’s, due to emotional stress.

However, when Allman’s prints were sent to San Jose police, they didn’t match. Two days later, on Friday the 15th, Wendy’s doubled the reward to US$100,000. The company revealed that employees had passed polygraph tests. Wendy’s continues to claim that there is no evidence that the finger ever entered their supply chain, pointing to a lack of any accidents among the workers at their suppliers. Wendy’s tip line had received reports from across the United States, from “folks who either have lost a finger, or know somebody who lost a finger,” San Jose police Sgt. Nick Muyo told the Associated Press.

[edit]

On Thursday the 21st of April, Anna Ayala was arrested at or near her home in Las Vegas on Thursday evening, in connection with the case, shortly after Wendy’s finished its own internal investigation. According to court documents, she has been charged with one count of attempted grand larceny related to the chili case, and one count of grand larceny in an unrelated real estate deal, and is being held without bail in Clark County, Nevada, pending extradition. A press conference by the San Jose Police and Wendy’s was held on Friday, April 22, at 13:00 PDT. The charge related to the case states the finger could not have been prepared at Wendy’s, where the chili is heated to 170 degrees for 3 hours. There is also an inconsistency in Ayala’s account of finding the finger and claiming it caused her to vomit compared with police saying there was no vomit at the scene. The incident has caused Wendy’s 2.5 million dollars worth of damages, which Ayala could be criminally responsible for. Until recently, the San Jose police had not accused Ayala of planting the finger herself.

The unrelated charge stems from an incident, also in San Jose, when Ayala allegedly received an $11,000 down payment on a mobile home she did not own.

Ayala was incarcerated at the Clark County Detention Center, awaiting a fugitive review hearing on Tuesday, April 26, 2005, at 7:30 a.m. local time. She was processed and given inmate ID 01964047. Her case number was 05F07229X. Ayala waived extradition at the hearing, and her attorney said they were ready to come to San Jose to defend against the charges.

[edit]

On Friday, May 6, 2005, Ayala was transported to San Jose, California. Ayala was booked into the main Santa Clara County jail, and is awaiting arraignment. Ayala will likely be arraigned on Monday or Tuesday at the Santa Clara County Superior Court, according to Santa Clara County Deputy District Attorney David Boyd.

On September 9, 2005, Ayala pleaded guilty to conspiring to file a false claim and attempted grand theft, and was scheduled to be sentenced on November 2, 2005. She faced up to ten years in prison, and her husband faced up to 13 years behind bars.

[edit]

Until the middle of May, the owner of the finger still had not been found.

But on May 13, 2005, police announced that they had identified the finger tip as belonging to an associate of Ayala’s husband [1]. The associate had lost his finger tip in an industrial accident at an asphalt company[2] in December, 2004. Police had received the information from an undisclosed caller to Wendy’s hot-line.

Photos related to this incident:

• The Wendy’s location where the finger was discovered, shortly after closing time March 22

• Chili was still on the menu as the restaurant closed for the evening on March 22

• Workers unload fresh supplies after closing time on March 22

• The Wendy’s location on March 27

• Ayala residence in Las Vegas, Nevada, shot on April 22, 2005 by Wikinews contributor David Vasquez

• Note on Ayala residence door, photographed on April 22, 2005 by David Vasquez

[edit]

Monday, February 27, 2006

The Australian federal treasurer, Peter Costello, has announced a study to compare the Australian taxation system with those of other countries. It will include overall tax levels, as well as indirect tax, income tax and company tax systems. Mr Costello says that the results are intended to inform discussion of the future of the tax system.

“The aim of the study is to provide a public document that compares Australian taxes to those in other countries. This will identify those areas where Australia leads comparable countries and those areas where it lags. It will enable a focus on the most important areas,” Mr Costello said in a media release.

The study will be lead by Mr Richard (Dick) Warburton and Mr Peter Hendy. Mr Warburton is Chairman of Caltex Australia Ltd, and has been Chairman of the Board of Taxation since its inception in September 2000. According to its website, the Board of Taxation is “a non-statutory advisory body charged with contributing a business and broader community perspective to improving the design of taxation laws and their operation.”

The Australian Democrats welcomed the study but warned that nothing would be achieved without serious reform of the tax system.

“The Inquiry announced yesterday by the Treasurer may turn out to be a step in the right direction but will be a pointless exercise if it ends up being simply a ‘desktop’ report,” said Senator Murray, Democrats Tax Spokesperson.

“The problem with Mr Costello’s approach is that in contrast to the approach taken on the GST, the New Tax System, and the Business Tax System, he has seen income tax change to be solely part of the budget process. Across the whole of the political and public policy spectrum, there is strong agreement that reform is needed, not just tax cuts, and that the income tax system needs redesigning, not just fine tuning.”

Wednesday, November 23, 2011

A report published today by the Equality and Human Rights Commission (EHRC) finds that, in many cases, England’s home care system breaches the human rights of the elderly it is supposed to serve. The Close to home: older people and human rights in home care report is the result of a twelve-month investigation into care generally provided by local authorities.

Approximately half of those receiving home care, plus friends and family, providing evidence to the inquiry were satisfied with the quality of care provided. However, the report stresses that there are “systemic problems” arising from “a failure to apply a human rights approach to home care provision”. The report asserts that it is generally not the fault of individuals providing care, but serious problems exist as local authorities seem unaware of their obligations under the Human Rights Act and fail to commission, procure, and monitor care accordingly.

The report says articles two, three and eight of the European Convention on Human Rights are frequently being breached. These, respectively, cover an individual’s right to life, protection from inhumane and degrading treatment, and respect for dignity and personal independence. Criticisms include that care is not provided in a common-sense manner, and funding of care for the elderly is at lower levels than for younger people with similar problems and needs.

The EHRC’s investigation highlights a range of recurring complaints and attempts to identify the underlying causes; cost is repeatedly mentioned, with use of the private-sector leading to some local authorities offering a “one size fits all” service leaving many elderly feeling they are “a task to be undertaken” and have “little or no choice” as to help received, or when care workers visit. A failure to invest in care workers is noted, with significant responsibility and the wide range of skills required being rewarded with low pay and status; this, the report states, adversely impacts staff retention and, a high turnover of care workers can put the security of care recipients at-risk.

Within the wider investigation, a commissioned independent social report by The Arndale Centre conducted in-depth interviews with a cross-section of 40 elderly individuals receiving home care. As-stressed in the report, those selected were not on the basis of good, or bad, experiences with their – mainly local authority-provided – care. It highlights a widespread feeling amongst those interviewed that they are treated “like a number”, and that aspects of the care provided lead to, or fail to resolve, feelings of social isolation.

The Manchester-based Arndale Centre report concludes that, “[t]he general picture is of a wider home care system in which older people are noteffectively involved: which they do not understand, and which does not often make the extra effort required to involve them in ways tailored to their state of health and other needs”.

A recurring theme in the responses of those interviewed is the social isolation that their home care is not adequately addressing. One male interviewee in his seventies who previously used a scooter to get about said in his interview, “I haven’t been out of the house now for about four weeks. I daren’t. The last time I went out on the scooter I hit the kerb and it frightened the living daylights out of me.” Another, an 85-year-old woman who lives alone, expressed sadness at her inability to do normal things, “I would love to go to town to do some shopping. I haven’t been to town for about two years… Wander round the town and have a cup of tea… I’d love that.”

The social isolation many elderly experience was summed up neatly by another woman in her eighties in her interview: “When you go now, I will maybe not talk to anybody till tomorrow; maybe the whole of tomorrow nobody to talk [to]… face to face. Nobody will knock on that door, that is it, a life of isolation.”

The EHRC, having commissioned this report in the face of funding changes and reform of the care system, intends to press for legislative changes to ensure those receiving care at home are given the same protections under the Human Rights Act as those in residential care. In the conclusions of their report they offer to work with, and support, local authorities in understanding and delivering care that respects peoples’ rights and dignity; and, recommend better guidance as to the choices available to the elderly, and their families, be made available.

Monday, October 1, 2007

Brian Jackson is running for the Ontario Liberal Party in the Ontario provincial election, in the Oxford riding. Wikinews’ Nick Moreau interviewed him regarding his values, his experience, and his campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

Monday, May 26, 2008

The 27th Young Designers’ Exhibition 2008, recognized by the International Council of Societies of Industrial Design (ICSID) as the largest show of student creations, recently ended Sunday May 18. It was held at the Taipei World Trade Center. Improvements and expansions were seen with 107 academical and industrial units. Different design competitions participated and showcased their products and also received awards.

It’s no doubt that companies related to design and cultural industries want to discover creative talents from academical units in this exhibition. However, most companies still try to showcase different conceptional and applicative products in order to promote Taiwan’s designs into the world market. A typical example is Fora Series, a photo-voltaic product series by the Tsann Kuen Trans-nation Group.

Before entering into their careers, students participated in this show and showcased varied styles that differ from the usual industrial businesspeople. To get more opportunities and in order to interact with the design and cultural industries, students also participated in vast competitions and tried to get the top places. Some students also tried to design conceptional products in conjunction with industrial designs, especially in some design competitions.

In summary, not only did the 2008 YODEX, have companies which can discover talents and showcase achievements of industrial design in the exhibition, but students can make their stages to showcase excellences from their creations in several competitions related to YODEX.