The Last Suicide Squad review Part 2

            Last Suicide Squad blog 1 I talked about the history of the Squad and a plot synopsis of the plot.

            Let’s dig deeper:

            I think most critics were put off by the fumbling opening of the film. It soured them to the rest of the movie.

            Our heroes – er – villains were introduced in a very comic-booky sequence. Amanda Waller sat in a restaurant with men who may or may not have been her superiors. She plunked down a dossier of each of her recruits.

            Deadshot! The screen fills with his stats. Then the movie flashed back to show the character and a bit of his background (in this case, his relationship with his daughter and eventual capture by Batman).

            Harley Quinn! The screen fills with her stats!

            Et cetera and so on…

            Works for a comic book, not for a movie. It was as bad as an obvious info dump in a science fiction novel. “As you know Bob, we are on the first manned mission to Mars!” “Yes, I know, why are you telling me this?”

***

            You know what would have worked? They could have taken this entire twenty-minute introduction and put it online two weeks before the movie opened, either as a free download or on Youtube. Wherever.

            Then they could open the movie twenty minutes in: with the bad guy doing his thing in Midway City and then showing the Special Forces dragging the Squad from their cells and on to their mission.

            Of course if you missed the preview you might be a little lost at first. “How can we introduce all these characters in one movie and get to know all their personalities without the previews?!” “Aaa-chooguardiansofthegalaxy …!”

            Then again, if you wanted to go see the movie, you probably would have found the preview online. In this day and age do people still wander into a theater not knowing what they want to see? “Oo, this looks interesting Margaret; let’s take a chance and spend a week’s income to see THIS movie!”

            It could have started a trend: Watch this mega-preview first!

            And they then could have added in all these scenes rumored to be on the cutting room floor that made the movie darker or funnier depending on who you believe.

***

            There are hundreds of reviews of “Suicide Squad”. Most of them were published on my Facebook wall by frenzied fans. I agree with parts of them and disagree with parts of them. Some random thoughts:

***

            Harley Quinn was fun and not as eye-rolling as the previews led me to believe she would be. A psychopath? Sure, but at least it was toned down from her comic book-y levels. And there was one moment that was wonderful. She slipped out of character for a few seconds. When the rest of the Squad caught up to her, she held up her head, pasted on the smile and was back to her psychotic self. That’s about as close as she came to three dimensions.

            And she did steal every scene she was in. It helped that she was usually near the center of every the shot…

***

            Much as been made of Jared Leto’s Joker. He was on-screen for less than ten minutes total and got second billing. Unlike what some have writ, I do not think he stole every scene he was in. But is WAS a unique interpretation of the Joker. Crazy? I suppose, but no more so than villains we have seen on TV’s “Daredevil” or “Constantine”.

            The actor is purportedly miffed that his best lines remain on the cutting room floor. I believe it: his Joker is a homicidal drug-dealing gangster running a nightclub. Will Smith’s wife also did that on “Gotham” with about the same body count. Leto’s Joker leans more towards Nicholson’s crazy than Ledger’s Lord of Chaos. In fact, in the few lines he had I thought “What if Johnny Depp’s Captain Jack Sparrow played Al Pacino’s role in “Scarface”? Relax, Leto fans, I’m comparing him favorably to Jack Nicholson, Johnny Depp and Al Pacino fer crissake!

            Leto may or may not be back in the DC Movie Universe as the Joker, depending on the articles you read. He will have to be replaced by a DC villain who is psychotic and runs Gotham’s Underworld. Maybe the Penguin? A shame, but frankly the Joker is overused anyway.

            And you don’t keep an actor who doesn’t WANT to play the character anymore! It would be like hiring someone who actively dislikes Superman to direct another … movie … Oh, yeah. I guess we WILL see Leto’s Joker soon…

***

            Will Smith was kept on a short leash and did very well with Deadshot. Granted, that of all of the Squad, he had the most characterization to sink his teeth into; but he avoided the “too cool to fool” hipness (dare I say, being Fresh?) of, for example, “Independence Day”.  Of course, a list of the things wrong with “Independence Day” would fill up a flashdrive…

            He was given star billing, although Margot Robbie (Harley Quinn) and Leto got most of the press. He did a good job.

***

            Amanda Waller – more evil than even the bad guys – and Captain Boomerang – sowing seeds of rebellion and approaching Waller’s boundaries without ever crossing them – were the characters most like the comic book. The second series, of course.

SPOILER

            Slipknot? He was never given a preview at the beginning of the movie and introduced about a half-hour into the film. When they DID introduce him to the team, all but the most non-savvy movie-goers knew what was going to happen to him.  He might as well have been wearing a red shirt from the original “Star Trek”. His fate was so telegraphed it made the first “Jurassic Park” seem taut and suspenseful. Little things like this are why movies get bad reviews. They should have given him a preview and put him in the lineup of the movie posters, something…

END OF SPOILER

            “Suicide Squad” wasn’t as dark as I thought. Even when Amanda Waller showed her VERY dark side, I wasn’t shocked by it.

            It is relative: “Superman, The Man of Steel” being dark is shocking; “Suicide Squad” being dark is expected.

***

            So I liked it, I didn’t love it; I may or may not see the inevitable sequel. I will see “The Magnificent Seven” again. The original, not the remake. Dun dun-dundun, dundundun-dundun-dun; dun dun-dundun…

Original Material Copyright Michael Curry 2016

The Last Suicide Squad movie review...

            A cast of bad guys – outright villains, misfits, killers and sociopaths each with a unique mind-set and world view – are gathered by a morally ambiguous government agent to rid a town from an evil worse than even their own members. Along the way they bicker, fight and some of them die. But eventually they become a team!

            The film was called “The Dirty Dozen”.

            Regular readers of this blog know I rarely go to movies on the first week.  By the time I see a movie so has most of the rest of the world.

            That has its advantages: smaller crowds, shorter lines; but – most importantly – by the time I get around to reviewing the movie most of the spoilers have already been spoiled! But I will still try to warn you in advance.

            I saw “Suicide Squad” with low expectations. The critics savaged the film. The only ones who seemed to like it were the same cheerleaders that thought “Batman vs Superman” was the epic of their generation.

            You might even say I went to the movie expecting to dislike it: Movies based on DC’s superheroes have been very dark of late. And I like neither dark superheroes nor dark superhero movies.

            So imagine how I felt when they announced a movie featuring DC Villains and based on a comic that is, by this time, sloshed with the uber-violent fare typically vomited upon the comic-book-buying public.

            The usual group of … Hmm, what would the collective noun be for the fans of dark DC – the films of late, most of the “New 52” comic … ah, got it!

            The usual goth of DC Dark fans have drooled over every preview and picture since the movie was announced.

            I kept quiet. I chose to neither get excited over the movie nor to actively say I was not going to see it. But truthfully? Had my friend not invited me to an afternoon matinee, I might never have seen it.

            I liked the movie! It wasn’t bad. It wasn’t a perfect movie. No movie is perfect.

            Okay, Godfather I & II are perfect … but you know what I mean.

            Let’s go back and do a primer on what the Suicide Squad is …

The Suicide Squad debuted in the comic book the Brave & the Bold #25 in 1959.  It had only four members, including Commander Flag, but they were all normal humans – although all were experts in their field (astrophysics, etc.).  They fought the bug-eyed monsters typical of the era – intelligent dinosaurs, aliens, beings from the center of the earth, etc. They appeared in only six issues.

            The Suicide Squad disappeared until 1987, when they showed up in their own magazine. This group was firmly ensconced in the super-hero genre. As with the movie Amanda Waller gathered a group of bad guys to fight global threats. Waller said in issue #1: “the administration needs something they can disavow if things go wrong. That’s us.” Rick Flag, Captain Boomerang, Deadshot and the Enchantress among others were in that first issue. It lasted 66 issues.

            Back to the movie …

            So we have the evil (and we see her being truly soulless in a few scenes) Amanda Waller gathering a group of villains to fight worse bad guys led by a morally bankrupt soldier.

            It’s “The Dirty Dozen”. Before that it was “The Magnificent Seven”; and before that it was “Seven Samurai”. 

            In fact, one of the previews shown in my theater was the remake of “The Magnificent Seven” with Denzel Washington, et. al. Tip to DC Entertainment: Don’t remind us of a legendary film, even a remake (which itself has BIG shoes to fill), before showing us your movie… Do you REALLY want us to compare them?

            We have old Batman villain Deadshot, “new” (the last thirty years is hardly “new”, but I am an old fart) Batman villains Harley Quinn and Killer Croc, Flash rogue Captain Boomerang, El Diablo (a villain who debuted in 2011 in the Suicide Squad comic. This was DC’s third character named El Diablo. The first was a GREAT Weird Western star that should have gotten more page time in the 1970s), the Enchantress – who started life in 1966 as a macabre hero until the character was completely rebooted in 2011, and Firestorm baddie Slipknot.

            Along the way we meet Katana, a samurai-sword wielding hero used as Flag’s back-up in case any of the bad guys get uppity.  Her sword contains the souls of everyone the sword has killed, including her husband. She talks to her husband. That’s about all we know of her in the movie. Coincidentally, her comic book debut was in Brave & Bold #200, the same comic book that debuted the Suicide Squad 20+ years earlier.

SPOILER

            The Enchantress was in the group, but very quickly defected. It seems the chief bad guy is her brother. Blood is thicker than ... gallons of blood.

END OF SPOILER

            In the movie they were gathered to fight off future threats to earth. What if the next Superman was a bad guy? How can we fight an evil Superman?

            With bullets, boomerangs and a baseball bat, apparently.

            But how will they be able to control this group of killers?

            In the best Amanda Waller way: threaten them! “We know about your daughter. We will reduce your sentence. And ALL of you have implants at the base of your skull that will blow your head off if you disobey.”

            Dry shave!

            Sorry, Dirty Dozening again…

            This time it is not an alien threat but a demon from earth’s past. He and his sister are in Midway City (the home of DC’s Hawkman, although he is never mentioned) building a machine to take over the world.

            So our heroes – er – villains take on the demonic duo.

            Along the way they bicker, fight and some of them die. But eventually they become a team!

            More thoughts next time.

Original Material Copyright Michael Curry 2016

Til Debt Do Us Part (2): Chapter 13s

WHAT BANKRUPTCY CAN’T DO: Divorce Debt? Domestic Support Obligations part 3

Bankruptcy helps relieve the burden of credit card and loan debts, medical bills, back utilities and rent, and so forth.

But there are some debts that bankruptcy does not affect; that are “immune” from a bankruptcy discharge - the word is “non-dischargeable”. This means that when the smoke clears and the bankruptcy is over, these debts will still have to be paid.

My previous blogs were about taxes, traffic fines, speeding tickets, student loans and all the various types of what I call Intentional Debt. Lately my focus has been on Child Support/Alimony/Maintenance/Domestic Support Obligations. Last time we talked about these debts surviving Chapter 7.

But a Chapter 13 is different. If a debt from a divorce decree or settlement is in the form of a property settlement it is NOT a DSO is therefore IS dischargable in a Chapter 13 case.

It may be a DSO in a Chapter 7, but NOT a DSO in a Chapter 13.

Huh?

Case law has developed a thorough test to distinguish a DSO from a property settlement agreement. It is a huge list of factors that the judge needs to review.

1. Whether the settlement agreement includes payment for the ex‐spouse;
2. Whether there is any indication that provisions within the agreement were intended to balance the relative income of the parties;
3. The position of the assumption to pay debts within the agreement;
4. The character of method of payment of the assumption;
5. The nature of the obligation;
6. Whether children resulted which had to be provided for;
7. The relative future earning power of the spouse;
8. The adequacy of support absent debt assumption;
9. The parties' understanding of the provisions;
10. The label of the obligations;
11. The age of the parties;
12. The health of the parties;
13. Existence of "hold harmless" or assumption terminology;
14. Whether the assumption terminated upon death or remarriage;
15. Whether the parties had counsel;
16. Whether there was a knowing, voluntary, and intelligent waiver of rights;
17. Length of the marriage;
18. Employment of the parties;
19. The demeanor and credibility of the parties;

***

Some examples:

• A couple has been married for 30 years, since they were teenagers. He went to college and makes $200,000.00 per year. She never went to college and was a stay-at-home Mom and raised the kids. He was ordered to pay the credit cards but then files bankruptcy. She objects to the discharge of these credit cards. This one is pretty easy and leans in her favor.
• Both couples make $50,000.00 per year and will likely remain at their jobs for many years to come. She was ordered to take on all the credit card debt in exchange for an agreement to NOT pay any alimony or maintenance to her spouse. She files bankruptcy and the spouse challenges the discharge of the debt. This leans in the spouse’s favor.
• At the time of the divorce both of the divorced couple made $50,000.00 per year and the joint debts were divided more or less evenly. A year later, she lost her job and after months of searching took a job for $25,000.00 per year. She also incurred a lot of medical bills since the divorce due to her chronic illness and lack of insurance. She filed bankruptcy and he challenges the discharge of their debt. This liens in the Debtor’s favor.
• One spouse agrees to take on all the credit card debt. He files bankruptcy the next day. It has been proven that he consulted with a bankruptcy attorney months ago and has planned to file all along. This leans in favor of the other spouse, too.

Fair to say only about 1% of the cases are this easy. Most are very complicated and each factor has to be weighed.

No one factor carries more weight than another. The bankruptcy judge is given a lot of latitude in reviewing all the factors and how much weight to give each one. You can have all 19 factors on your side plus plenty more and the judge could still rule in favor of your ex-spouse for the reason that something doesn’t seem right.

***

 So what happens in your Chapter 13 regardless of how the debts are determined?

If the debts are ruled as a property settlement the bills are paid with other unsecured debts and discharged after the bankruptcy is completed.

If the debts are ruled as DSOs, they have to be paid as priority unsecured debts. This means they have to be paid in full during the life of the Chapter 13 bankruptcy. Unpaid interest survives. This means even if you pay the entire $10,000.00 in credit card debts you may still owe thousands of dollars in interest when the Chapter 13 is complete.

This may make your plan payment difficult to pay. Those $10,000.00 in DSOs could be as much as $300.00 per month in a 36-month plan. Add your car payment, the house payment, back taxes owed and other fees and your Chapter 13 payment may be unaffordable – the legal phrase is infeasible.

 Unless there is another reason to remain in a Chapter 13, you should consider converting to a Chapter 7 and pay the debt on your own terms.  

***

A good local bankruptcy attorney will have the experience and knowledge of your district to advise you how the bankruptcy judge of that district views and reviews these factors.

Copyright 2016 Michael Curry

My name is Michael Curry and I have practiced law in Mount Vernon, Fairfield, Flora and throughout Southern Illinois since 1992. During that time, I have helped more than 5,000 people (and businesses) overcome their financial difficulties by filing for bankruptcy. As a solo practitioner, I will also be happy to help protect you and your family’s future with estate planning, wills, powers-of-attorney, real estate transactions and other legal services.

Please call or text me at 618-246-0993, email me at michael.curry.law@gmail.com  or send me a letter:     123 South 10th Street, Suite 507, PO Box 93, Mount Vernon, IL 62864

Til Debt Do Us Part

WHAT BANKRUPTCY CAN’T DO: Divorce Debt? Domestic Support Obligations part 2

Bankruptcy helps relieve the burden of credit card and loan debts, medical bills, back utilities and rent, and so forth.

But there are some debts that bankruptcy does not affect; that are “immune” from a bankruptcy discharge - the word is “non-dischargeable”. This means that when the smoke clears and the bankruptcy is over, these debts will still have to be paid.

My previous blogs were about taxes, traffic fines, speeding tickets, student loans and all the various types of what I call Intentional Debt.

Last time I spoke of Child Support, Alimony, Maintenance and Domestic Support Obligations. That was the introduction. Now I will talk specifically about Chapter 7 (and 11 and 12).

Child Support, Alimony and Maintenance survives Chapter 7. If you are current, if you are behind, if the debt is being collected by the state, or even assigned to the state in exchange for public aid; it will survive bankruptcy.

“My money isn’t even going to the kids or to my ex! It’s going to build the governor’s swimming pool!” Likely true … but it still survives bankruptcy.

***

But what if you were ordered to pay other people (friends or former in-laws), a credit card or the vet bill? Whether it was written in the actual divorce decree, the settlement agreement, ordered by the judge or in any way connected to the dissolution or separation; if it was for a credit card, a personal loan by a friend or family member or one of those loan companies at the strip mall, back utilities, medical bills for the children, vet bills for the pets; ANYTHING you are ordered to pay in the divorce/dissolution case is a DSO in a Chapter 7, 11 or 12. Period. And they survive a bankruptcy.

Okay, got it. But what does that mean?

I must admit that when I say “DSOs survive Chapter 7”; it is a simplistic short-cut. It’s like saying the firing on Fort Sumter started the Civil War: it is true in a way, but it is much more complicated. 

The debt itself does NOT actually survive the bankruptcy; your obligation to pay the debt survives the bankruptcy. Your responsibility to protect your ex from collection activities survives the bankruptcy.

As soon as the MasterCard or the hospital receives notice that you file for Chapter 7 (or 11 or 12 or13) bankruptcy, they have to stop all collection activity against you.

YOU.

NOT the codebtor. When the bankruptcy is completed (or during the bankruptcy, but only if the company files the proper paperwork with the court) they can begin or resume collecting on the codebtor. If the debt is a DSO, the codebtor can go back to the divorce court to enforce the divorce/dissolution Order. The debt was discharged, but your obligation and responsibility as to the debt remains!

“The Discover card that HE was ordered to pay in our divorce papers has sued me and garnished $500.00 from my paycheck!”

He will likely be ordered to pay her that $500.00 she was forced to pay Discover.

***

“But the MasterCard is in my name ONLY, not hers (or his).” Are you sure? Double check. If that is the case you are lucky, because your responsibility to protect the codebtor doesn’t really exist. When you file bankruptcy, the MasterCard company cancels the debt. Your ex-spouse? The MasterCard will not go after him. If the company tries to collect on your ex-spouse, and she is NOT a codebtor, she has no more obligation to pay on the debt as your neighbor or your second cousin.

True the credit card company may TRY to collect from the ex-spouse. “Did you ever use it? Don’t you feel morally obligated to pay?”  Don’t let them trick you – the answers are NO.

But you better make sure he/she is NOT a codebtor on the bill!

 Remember: the responsibility of protecting the codebtor does not discharge, but if there is no codebtor to protect there is no more responsibility to pay it.

***

An experienced bankruptcy attorney will go through the divorce paperwork with you and review any debts you have been ordered to pay.

“This says you have to pay the Discover card.”

“That was paid off last year with my tax refund.”

“And a Visa.”

“I still owe that.”

“Was that in both your names?”

“No, just mine.”

“This also says she was supposed to pay the MasterCard.”

“That was just in her name.”

In my state, a married couple is responsible for each other’s medical bills. Especially if they were still together when the bill was incurred.

“This says you have to pay Dr. Smith.”

“That was her bill.”

“Were you still together at the time?”

“Yes.”  Then that would be a DSO that would survive his bankruptcy. If he does not pay it, the hospital will try to collect from HER. She can go into the divorce court and enforce the divorce order.

Can anything be done? Not really, not in a Chapter 7.

Chapter 13s are different, though.  More on that next time!

***

Some Debtors do not have a problem with these kinds of debt surviving their bankruptcy if the debts are not too extreme. “I can handle the MasterCard with my ex if the REST of the credit cards get off my back.” You may be asked to sign an acknowledgment saying that you understand that. Read through any acknowledgement, but don’t be too offended by it. The attorney is only protecting himself or herself – this is his or her proof that they DID discuss it with you.

Copyright 2016 Michael Curry

My name is Michael Curry and I have practiced law in Mount Vernon, Fairfield, Flora and throughout Southern Illinois since 1992. During that time, I have helped more than 5,000 people (and businesses) overcome their financial difficulties by filing for bankruptcy. As a solo practitioner, I will also be happy to help protect you and your family’s future with estate planning, wills, powers-of-attorney, real estate transactions and other legal services.

Please call or text me at 618-246-0993, email me at michael.curry.law@gmail.com  or send me a letter:     123 South 10th Street, Suite 507, PO Box 93, Mount Vernon, IL 62864

What Bankruptcy Can't Do: Divorce Debt part 1

WHAT BANKRUPTCY CAN’T DO: Domestic Support Obligations part 1

Bankruptcy helps relieve the burden of credit card and loan debts, medical bills, back utilities and rent, and so forth.

In this blog series of non-dischargeable debt I have not yet described the different kinds of bankruptcy.

This blog is about marital debt. And it is the ONLY type of debt in this blog series that is treated substantially different in the two kinds (or chapters) of bankruptcy you can file. There is a difference with Intentional Debt, true; but that is the difference literally between one word – willful AND malicious (Chapter 7) and willful OR malicious (Chapter 13). A big difference, true, but the difference between the treatment of marital debt is MUCH greater.

So here is a brief review. The bankruptcy code is divided into chapters, just like any book. These are the chapters an individual person can file:

Chapter 7: liquidates/eliminates most debt. You can keep (and keep paying for) property you still owe – like cars, your house, furniture – usually as long as you are current and promise to keep making your payment.

Chapter 13: consolidates most of your debt into one payment – unsecured credit cards, medical bills, your car payment, taxes, sometimes even your house payment (especially if you are behind).

Chapter 11: This is mostly for corporations, but an individual can file a Chapter 11 if his debt exceeds the amount allowed in a Chapter 13. If you owe over $380,000.00 (or so) in unsecured debt, you can’t do a Chapter 13 and have to do a Chapter 11.

Chapter 12: Similar to a Chapter 13 but for farmers and fishermen. Most farmers and fishermen owe much more than $380,000 unsecured (and $1.1 million in secured debt); and cannot contend with the sometimes draconian rules of a Chapter 11. So Congress made the Chapter 12 – an amalgamation of a 13 and an 11.

But there are some debts that bankruptcy does not affect; that are “immune” from a bankruptcy discharge - the word is “non-dischargeable”. This means that when the smoke clears and the bankruptcy is over, these debts will still have to be paid.

My previous blogs were about  taxes, traffic fines, speeding tickets and their ilk, student loans and all the various types of what I call Intentional Debt.

Today I’d like to discuss Child Support, Alimony, Maintenance and other marital debt. The Bankruptcy Code calls it Domestic Support Obligations.

***

So far in this list of non-dischargeable debts there is little difference in what kind of bankruptcy you file. The debt will either discharge or survive. The exception is Intentional Debt’s “willful and malicious” and “willful or malicious”. But this deals with the INTENT of the debt, not the definition of the debt.

For Domestic Support Obligations (DSOs), the type of bankruptcy matters a great deal as to the definition of the debt. DSOs survive Chapter 7 bankruptcy. Period. The argument in a Chapter 13 is whether the debt is a DSO or not! A debt can be a DSO in a 7 but not in a 13.

***

18 USC Section 523(a)(5) & (15) of the Bankruptcy Code says:

(a) A (bankruptcy) discharge … does not discharge an individual debtor from any debt— …

(5) for a domestic support obligation; …

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit; …

So what is a Domestic Support Obligation? The Bankruptcy Code provides a definition in

11 USC Section 101(14A):

The term "domestic support obligation" means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is‐‐

(A) owed to or recoverable by‐‐

(i) a spouse, former spouse, or child of the debtor or such child's parent, legal guardian, or responsible relative; or

(ii) a governmental unit;

(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child's parent, without regard to whether such debt is expressly so designated;

(C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of‐‐

(i) a separation agreement, divorce decree, or property settlement agreement;

(ii) an order of a court of record; or

(iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and

(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child's parent, legal guardian, or responsible relative for the purpose of collecting the debt.

***

All right, so with all that legalese, what are we talking about? Marital Debt is anything you were ordered to pay in a divorce or separation agreement. Anything. Whether you pay it to your ex-spouse or not.

Child support, alimony, maintenance, obviously. But if you were ordered to pay other people (friends or former in-laws), a credit card or the vet bill? Whether it was written in the actual divorce decree, the settlement agreement, ordered by the judge or in any way connected to the dissolution or separation.

They are all DSOs. At least in a Chapter 7.

***

Ick, you say. So what can be done about it?

***

I’ll talk specifically about DSOs in a Chapter 7 next time.

Copyright 2016 Michael Curry

My name is Michael Curry and I have practiced law in Mount Vernon, Fairfield, Flora and throughout Southern Illinois since 1992. During that time, I have helped more than 5,000 people (and businesses) overcome their financial difficulties by filing for bankruptcy. As a solo practitioner, I will also be happy to help protect you and your family’s future with estate planning, wills, powers-of-attorney, real estate transactions and other legal services.

Please call or text me at 618-246-0993, email me at michael.curry.law@gmail.com  or send me a letter:     123 South 10th Street, Suite 507, PO Box 93, Mount Vernon, IL 62864

A review of the Suicide Squad (the 1959 DC comic book team - who did you THINK I was talking about?

With comics fans a-quiver over the Suicide Squad movie, I thought we should look at the original team from the pages of Brave & Bold back in 1959!

“Introducing America’s Top Secret Weapon” screamed issue #25 in September 1959, “in reports never before published to the world!!”  Thus was introduced The Suicide Squad:  Colonel Rick Flagg, command pilot; Jess Bright, nuclear physicist; Dr. Evans, astronomer/astrophysicist; and Karin Davies, eye-candy, er, space-medicine nurse.  Yes, Task Force X, “known as the Suicide Squad because of the fantastic perils it unhesitatingly faces with supreme courage and unique methods.”

Rick and Karin are in love of course (typical 1950s science fiction – there’s always a woman and she and the leading man always fall in love).  However, Jess and Dr. Evans love Karin too!  So Rick and Karin decide to keep their love for one another to themselves for the good of the team.  A love quadrangle would only get in the way of team missions!  This was mentioned every issue and was pretty much the sole character development.

            The Suicide Squad was Robert Kanigher’s attempt at “The Challengers of the Unknown”, with wonderful Ross Andru/Mike Esposito art instead of wonderful Jack Kirby art!  The art was typical 1959 – straightforward and realistic-looking men, women and machinery.  Imaginations were let loose on the “perils” – gigantic aliens and beasts attacked our heroes non-stop.  While the artwork was good, the storylines were for the most part … well … silly; even for the times.  The perils were usually of the science-run-amuck-we-tampered-in-God’s-domain found in the “B” movies of the time.  One expected to find Peter Graves or Leslie Nelson popping in to help!

In their first story (#25: Three Waves of Doom) an earthquake awakens a dinosaur-like creature that sets fire to Tokyo er Atlantic City, freezes metal and absorbs all chlorophyll!  The Suicide Squad defeats it by tricking the beast into grasping onto a rocket and shooting it toward the sun! 

The stories seem to talk down to its youthful audience.  Facts are thrown in almost as if the characters are showing off their intelligence (one character actually says, “It’s a good thing we have enough sodium manganate on board!”  What?!).

And in six issues we never learn Dr. Evans’ first name!

The Suicide Squad was given three issues to do their thing (#25 – 27) and another three-issue try-out later in 1961 (#37 – 39), without success.  The plots of the other five issues read like an edition of Weekly World News:

1)                  Radiation shrinks the Squad down to matchstick size, yet they must still thwart a submarine attack against America! (#26: The Sun Curse)

2)                  Dinosaur-like serpent attacks Paris metro, boats on the Seine and the Eiffel Tower! (#26: Serpent of the Subway)

3)                  Scientist turns self into ten-story reptile – carries A-bomb into city! (#27: Creature of Ghost Lake)

4)                  Intelligent dinosaurs from other dimension invade earth! (#37: Raid of the Dinosaurs)

5)                  Planeload of nuclear missiles land on island of Cyclops! (#37: Threat of the Giant Eye)

6)                  Alien giant’s pet pterodactyls capture warships, planes, Statue of Liberty! (#38: Master of the Dinosaurs)

7)                  Other-dimensional “mirage men” try to kill the Suicide Squad! (#38: Menace of the Mirage People)

8)                  Gigantic dinosaur-shaped spacecraft contains Jurassic zoo! (#39: Prisoner of the Dinosaur Zoo)

9)                  Sculptor-Sorcerer kills scientists by turning them into gold statues! (“Mr. Kanigher?  The attorneys for Ian Fleming are still holding on line three!”) (#39: Rain of Fire)

The texts in the issues were interesting, albeit soon forgettable: “real” sea serpents and dragons were examined, including the one spotted in Gloucester Harbor, Massachusetts in 1817.  Another text teaches us how sonar can track a submarine.

Task Force X faded into obscurity for twenty-five years.  Keith Griffin brought back the idea of a Suicide Squad in the late 1980s as a companion to his new “Justice League” title.  This time, Rick Flagg recruits villains and minor superheroes (including fellow B&B alumni Nemesis) to do battle with evil.  Flagg even went toe-to-toe with Batman to a mutual draw (not even Superman could do that in the late 1980s!).  That version of the Squad was definitely more successful, being fully entrenched in the superhero genre.  But these six issues are the originals and a fun read: just as the Thunderbirds TV show was some years later – silly, but charming. 

Enjoy the movie, but don't forget about the original team!!

Exert from The Brave & the Bold: from Silent Knight to Dark Knight; a guide to the DC comic book
Available here: 
 http://www.barnesandnoble.com/w/the-brave-and-the-bold-michael-curry/1120872264?ean=2940046443011

What Bankruptcy Can't Do: Embezzlement and Causing Damages while Driving Drunk...

What Bankruptcy CAN’T Do: Intents and Purposes, Part Six

Willful and Malicious

Bankruptcy helps relieve the burden of credit card and loan debts, medical bills, back utilities and rent, and so forth.

But there are some debts that bankruptcy does not affect; that are “immune” from a bankruptcy discharge - the word is “non-dischargeable”. This means that when the smoke clears and the bankruptcy is over, these debts will still have to be paid.

Previous blogs were about  taxes, traffic fines, speeding tickets and their ilk, student loans and Intentional Debt - that is, lying to get a loan – either by preparing a false financial statement or otherwise.

            Sometimes people get a loan or cash advance or purchase a luxury item just before filing bankruptcy. The court presumes you bought the item/got the loan with no intention of paying for it.

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            Two last examples, and these are pretty obvious …

1)      Debts incurred due to embezzlement or fraud while acting in a fiduciary capacity. If you are in charge of your child’s or parent’s trust account and buy yourself a condo in Bermuda, yep … non-dischargeable.

2)      Injury to a person or their property while operating a vehicle while intoxicated. At first this law said motor vehicles only. It was changed to add watercraft and other vessels because someone, somewhere, managed to win an argument that a boat was not a motor vehicle (because in bankruptcy – as far as exemptions go – it is not).

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            Aren’t these willful and malicious anyway? Not necessarily. If you drained a trust account to pay for your gambling addiction; or if you are an alcoholic …

            Are addictions and medical conditions enough to rise to the level of willful and malicious? I wouldn’t want to be the judge to decide that. These exceptions to discharge are specific enough to take that out of the consideration.

***

            What if these issues have not been ruled on yet? “I’ve only been accused, no court has said I embezzled that money!” True, but the bankruptcy court can so rule; or take it back to the circuit court for a hearing and ruling. You may have to hire a criminal attorney (if your bankruptcy attorney does not wish to take the case) to help you.

            If you were NOT found to have embezzled the funds, or if it were ruled that you were NOT intoxicated, that’s a big plus in your favor. You might still have to defend yourself in other parts of the bankruptcy code that make a debt non-dischargeable, however.

***

“Intentional Debts” is a large issue with lots of nooks and crannies that an attorney or a creditor can use against you. Obviously you will need to discuss your situation with a good bankruptcy attorney that practices in your area.

Next time I talk about marital debt …

Copyright 2016 Michael Curry

My name is Michael Curry and I have practiced law in Mount Vernon, Fairfield, Flora and throughout Southern Illinois since 1992. During that time, I have helped more than 5,000 people (and businesses) overcome their financial difficulties by filing for bankruptcy. As a solo practitioner, I will also be happy to help protect you and your family’s future with estate planning, wills, powers-of-attorney, real estate transactions and other legal services.

Please call or text me at 618-246-0993, email me at michael.curry.law@gmail.com or send me a letter:  123 South 10th Street, Suite 507, PO Box 93, Mount Vernon, IL 62864