Federal Judge Says Email Not Be Protected By 4th Amendment
October 29, 2009
A Federal judge in Oregon has ruled that the government doesn’t have to notify someone when they access and search a Web-based email account.
U.S. District Judge Michael W. Mosman writes in his opinion – “When a person uses the Internet, however, the user’s actions are no longer in his or her physical home; in fact he or she is not truly acting in private space at all. The user is generally accessing the Internet with a network account and computer storage owned by an ISP like Comcast or NetZero. All materials stored online, whether they are e-mails or remotely stored documents, are physically stored on servers owned by an ISP. When we send an e-mail or instant message from the comfort of our own homes to a friend across town the message travels from our computer to computers owned by a third party, the ISP, before being delivered to the intended recipient. Thus, ‘private’ information is actually being held by third-party private companies.”
Gives me a chill to think about all the client communications that many attorneys use email for these days. It also scares me to think that emails from your credit card companies, banks, even your grandmother could be read by the government without you knowing about it.
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A Survival Guide To Debt
October 29, 2009
Just a little off topic for my blog. Well maybe not off topic, but straying toward helping people with financial problems before they need a bankruptcy attorney.
A good friend of ours at the firm, Mitchell L. Allen, released a book this summer called A Survival Guide To Debt: How to Overcome Tough Times and Restore Your Financial Health. With that he also launched the Web site www.asurvivalguidetodebt.com.
The book has been weel received and he has been making the rounds of radio talk shows and television news programs talking about the advice he offers in the book from his years of experience runing the Debt Education and Certification Foundation, a non-profit group that helps educate consumers about their responsibilities to their creditors.
I mention him today because I think the book will help many people facing financial problems to regain their confidence and understand one of the fundamental things that Mitchell has been saying for years and that this firm shares with all its clients – You Are Not Your Debt.
The debt you have accumulated should not define you. You are a person, not a business transaction. Business transactions go bad everyday. You are not the only one to have accumulated debt you can’t afford, the news has been full of stories about that for the last year and a half.
I encourage anyone who is struggling with financial problems to go to the Web site and get a copy of the book, or look for it in the self help or financial sections at Barnes and Noble or Borders.
Tarrant County Foreclosures Up 35 Percent
October 16, 2009
A report in the Fort Worth Star-Telegram says that the number of homes posted for the November foreclosure sale in Tarrant County is up 35 percent from November 2008.
Just over 1,800 homes are set to be auctioned on the courthouse steps Tuesday, November 3, according to Foreclosure Listing Service in Addison. George Roddy Sr., president and chief executive of the company which tracks foreclosure listings across the country, told the newspaper that the figures may sound bad, but the number is down 8 percent from October of this year.
Roddy also said that only about 40 percent of those homes will be sold in the auction, the rest will reach some sort of agreement that will cure or postpone the sale.
One of the ways to stop the auction of your home is to declare bankruptcy. Schedule your free consultation now to find out how bankruptcy can stop the sale of your house in a foreclosure auction and restructure your debts so that you can afford to keep your home.
New Bankruptcy Attorney Joins Firm
October 14, 2009
We are very pleased to announce that Ethan Cartwright has joined the firm as its newest associate. He works out of our office in Benbrook providing counsel and legal services to clients considering chapter 7 and chapter 13 bankruptcy.
Cartwright earned a Bachelor of Science in political science from Tarleton State University in 2005. He is a 2008 graduate of Texas Wesleyan School of Law in Fort Worth, where he was Associate Editor of the Law Review and a Marshall for the Phi Alpha Delta Legal Society. Cartwright recently completed his Master of Laws in Taxation at the Sturm School of Law in Denver, Colorado.
“I am happy to be back in Texas and beginning my legal career as an associate with Higgins & Associates,” Cartwright said. “I look forward to helping clients create a brighter financial future by clearing their burdensome debts.”
Cartwright is a member of the Texas Bar Association and sits on the board of directors of Jake Remembered, a non-profit organization that raises money for scholarships. In his free time, he enjoys fishing, playing golf and snowboarding.
“We are pleased to have Ethan join the firm,” said Robert A. Higgins, senior partner of Higgins & Associates. “His knowledge and caring heart will be a great asset to us as our firm continues to grow.”
The Law Firm of Robert A. Higgins & Associates is a Fort Worth based firm that focuses on personal bankruptcy cases. Its offices are located at 112 Goliad, Suite A in Benbrook and 800 Forest Oak Lane, Suite C in Hurst.