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'Octomom' bankruptcy case thrown out of court

  Bankruptcy  -   POSTED: 2012/05/16 10:02

A judge threw out "Octomom" Nadya Suleman's bankruptcy claim Tuesday after she failed to file the proper paperwork to show she can't pay as much as $1 million in debt.

That means creditors can move to collect what they say they're owed, and a pending foreclosure can go ahead against the La Habra, Calif., house Suleman lives in with her 14 children, according to The Orange County Register.

Suleman's case was thrown out because she didn't file a dozen financial documents and statements required to prove bankruptcy. In her initial filing April 30, Suleman estimated that she owed as much as $1 million that she is unable to repay.

Suleman had sought protection from her debts under Chapter 7 bankruptcy, which means a court-appointed trustee would have liquidated her assets to pay off creditors before she is discharged from most of her debts. According to the filing, she owed money to more than 20 parties, including utility companies, her father and a Christian school.



A German who claims the CIA illegally whisked him to a secret prison in Afghanistan appeared before Europe's human rights court Wednesday in what could be the final chapter of a case that has shed light on U.S. practices in the war on terror.

Khaled El-Masri, who is of Lebanese descent, says he was brutally interrogated at a secret CIA-run prison in Afghanistan for more than four months after being kidnapped from Macedonia in 2003, apparently mistaken for a terror suspect. He says he went on a hunger strike for 27 days and was eventually flown back to Europe and abandoned in a mountainous area in Albania.

Having failed with previous legal efforts in Germany, Macedonia and the United States, el-Masri has turned to the European Court of Human Rights as a last resort in the hope that it will declare that Macedonia breached his basic rights, said his lawyer.

"Mr. El-Masri has spent the last eight years seeking legal redress for the crimes that were committed against him," James Goldston told The Associated Press in a telephone interview. "There is abundant evidence including data on CIA flights to and from (Macedonia's capital) Skopje."

Authorities in Macedonia have denied any involvement in el-Masri's alleged kidnapping and sought Wednesday to have the Strasbourg, France-based court dismiss the case. A lawyer representing the small southeast European nation argued that el-Masri was too slow in filing his initial criminal complaint in Macedonia.


A Guatemalan mother who says her child was stolen and later turned over to a U.S. couple for adoption said Tuesday that she will go to a Missouri court seeking to get her daughter back now that the U.S. State Department has said it doesn't have jurisdiction to help return the girl.

The State Department confirmed Tuesday that it has informed Guatemala's government that it can't help return Anyeli Hernandez Rodriguez because the U.S. and Guatemala had not signed the Hague Abduction Convention at the time of the alleged kidnapping in 2006.

"We're obviously deeply concerned about allegations regarding stolen children and inter-country adoptions wherever these cases come up," State Department spokeswoman Victoria Nuland said in a statement. "We consider the appropriate venue in the United States for pursuing this case is in the state courts. They're the competent organ for holding a full hearing on the merits and the best interests of the child."

A human rights group that has pursued the case in Guatemala's courts on behalf of the child's biological mother, Loyda Rodriguez, said the next step will be to find a U.S. law firm to file a civil suit charging immigration fraud.


Dominique Strauss-Kahn is suing the hotel housekeeper who accused him of sexually assaulting her, saying she seriously damaged his reputation with what he calls a bogus allegation.

The former International Monetary Fund leader and French presidential hopeful struck back at maid Nafissatou Diallo's lawsuit against him with denials and a $1 million defamation claim of his own Monday, exactly a year after she told police he tried to rape her in his Manhattan hotel suite. He says whatever happened was consensual.

He was arrested, resigned from the IMF, and spent several days behind bars and three months on house arrest before prosecutors dropped the case, saying they'd lost confidence in Diallo's trustworthiness because she'd lied about her background and changed her account of what she did right after leaving Strauss-Kahn's room. Although prosecutors didn't say they believed she misrepresented the encounter itself, Strauss-Kahn's court papers blast her claims as intentional lies.

"As a direct result of her malicious and wanton false accusation, Mr. Strauss-Kahn suffered ... substantial harm to his professional and personal reputation in the United States and throughout the world," says his Bronx court filing, written by attorneys William W. Taylor III, Hugh Campbell and others. It was first reported by the New York Post.

It was submitted two weeks after the same court rejected his argument that diplomatic immunity should shield him from Diallo's suit, a ruling he may yet appeal.


Ind. diocese denies discrimination over IVF

  Family Law  -   POSTED: 2012/05/15 07:44

An Indiana diocese asked a federal court on Monday to reject a lawsuit by a former parochial school teacher who claims she was fired for violating Roman Catholic doctrine by using in vitro fertilization to try to get pregnant.

The Diocese of Fort Wayne-South Bend and St. Vincent de Paul school in Fort Wayne argued in court documents that Emily Herx's lawsuit should be barred by a federal law that prevents religious workers from suing their employers for job discrimination. That so-called "ministerial exception" law was upheld by the U.S. Supreme Court in January.

Further, diocese attorneys say any court review of church teachings or employment practices would violate the constitutional separation of church and state and guarantees of religious freedom.

The Roman Catholic Church shuns in vitro fertilization, or IVF, which involves mixing egg and sperm in a laboratory dish and transferring a resulting embryo into the womb.



The Supreme Court won't hear an appeal from residents of Puerto Rico seeking to gain a voting representative in Congress.

The high court turned away the appeal from Gregorio Igartua and other Puerto Ricans on Monday.

Territorial status grants residents of Puerto Rico U.S. citizenship, but they pay no federal income taxes and cannot vote in presidential elections. Their congressional representative also cannot vote in Congress.

A federal judge threw out the lawsuit, and the 1st U.S. Circuit Court of Appeals upheld that decision, saying that since Puerto Rico was not a state, it could not have a voting member of Congress.

The high court refused to hear the appeal.


Court says farmers must pay bankruptcy tax

  Bankruptcy  -   POSTED: 2012/05/14 09:13

The Supreme Court says a farming family has to pay tax on the bankruptcy sale of their farm.

The high court on Monday voted 5-4 for the IRS in its fight with Lynwood and Brenda Hall over their bankruptcy sale of their 320-acre farm in Willcox, Ariz.

The Halls were forced to sell their family farm for $960,000 to settle their bankruptcy debts. That sale brought about capital gains taxes of $26,000.The Halls wanted the taxes treated as part of the bankruptcy, paying part of it and having the court discharge the rest.

The IRS objected to that plan, saying all of the taxes must be paid and the 9th U.S. Circuit Court of Appeals in San Francisco agreed with the tax agency.

The high court agreed with that decision.


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