Residence Halls will be open for check-in and volunteers will be there to assist returning and new students move into their rooms.
Unpaid student loan splits 7th Circuit
Marilyn Odendahl for www.theindianalawyer.com
A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked on collection costs.
Bryana Bible was found to be in default on her student loan in 2012. The lending bank transferred the debt to USA Funds which provided Bible with options for repayment. Bible and her attorney negotiated a loan rehabilitation agreement which set the total amount due at $18,112.85 and required Bible to make monthly payments of $50. The agreement indicated there was no “current collection cost balance.â€
Subsequently, USA Funds assessed $4,547.44 in collection costs against Bible. It had applied her monthly payments toward the collection costs rather than the principal.
Bible filed a complaint alleging, in part, breach of contract. The U.S. District Court for the Southern District of Indiana dismissed the lawsuit, but the 7th Circuit reversed and remanded for further proceedings.
Before the 7th Circuit, Bible argued she timely entered into a repayment agreement and complied with the terms. Therefore, federal regulation prohibited USA Funds from assessing collection costs.
USA Funds pointed to language in the Federal Stafford Loan Master Promissory Note that allows the loan holder to impose “reasonable collection fees and costs, plus court costs and attorney fees.â€
Judge David Hamilton, writing the majority’s opinion, agreed with Bible. He described the regulations as providing a “safe harbor†for borrowers. Only if the borrower does not take action within the 60-day window can the guaranty agency take collection actions, report the default to consumer reporting agencies and assess collection costs against the borrower.
Judge Joel Flaum wrote a concurring opinion but differed with Hamilton on the collection costs. He did not agree that the text of the regulations unambiguously supported Bible’s interpretation of the statutory and regulatory scheme.
Meanwhile, Judge Daniel Manion dissented, calling Bible’s interpretation her own contrivance. He echoed Flaum in highlighting the differences between a repayment agreement and a rehabilitation agreement.
Bible entered into a loan rehabilitation agreement with USA Funds. This agreement established a new repayment schedule and her default was erased from her credit report. Also, costs would be assessed although they were capped at 18.5 percent of her outstanding balance.
“Bible’s theory is contrary to the plain language of the statutes and regulations because nowhere do the statutes and regulations contemplate that “reasonable costs†equals “no costs†for borrowers who timely enter into a rehabilitation agreement,†Manion wrote.
The case is Bryana Bible v. United Student Aid Funds, Inc., 14-1806.
Maureen Hancock: The Medium Next Door
Tickets go on sale Wednesday, August 19 at 10:00am. Tickets are $38 and the VIP tickets are $58 and include VIP seating within the first five rows, as well as a post-show meet and greet with Maureen. All seats are General Admission. The GA VIP are in the first rows and the regular GA are seated behind them. VIP seats are limited. Your ticket does not guarantee a personal reading. |
Friday, November 20 7:00pm-9:00pm MAUREEN HANCOCK The Medium Next Door Live! |
find tickets |
Maureen will deliver her “Postcards from Heaven,” program designed to provide solace to those who want to re-connect with loved ones in the afterlife.
Maureen Hancock is an internationally renowned Spirit Medium, intuitive, teacher, lecturer, Holistic Healer, and author of the bestselling book, “The Medium Next Door: Adventures of a Real-Life Ghost Whisperer.†She is the star of the Style Network documentary, Psychic in Suburbia. Style Network along with ABC Media Productions, and the producers of The Ghost Whisperer worked together to present this inspirational, “out of this world†special presentation. |
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Price: $58 VIP, and $33 |
SWI-AHEC announces 2015-2016 Mini-Grant Program
Schools and other community organizations in southwest Indiana that promote health careers for youth (grades 6-12), offer clinical experiences for health professions students, or provide continuing education for health professionals may be eligible to receive a mini-grant from the Southwest Indiana Area Health Education Center (SWI-AHEC).
SWI-AHEC is seeking applications for projects in Daviess, Dubois, Gibson, Knox, Perry, Pike, Posey, Spencer, Vanderburgh and Warrick counties now through September 25.
“We are interested in projects across the healthcare workforce pipeline, from youth to current healthcare professionals. Our focus is on the diversity, distribution and quality of the healthcare workforce throughout southwest Indiana,†said Jane Friona, SWI-AHEC executive director. “Historically, awards have ranged between $1,000 and $4,000. The number of mini-grants awarded will be dependent on the number of proposals we receive.â€
You can download the guidelines and application at USI.edu/swi-ahec.
SWI-AHEC stands for Southwest Indiana Area Health Education Center. It began as a regional center in 2008, and it is hosted by the University of Southern Indiana in the College of Nursing and Health Professions. SWI-AHEC is part of a national network with a mission to improve health by leading the nation in the recruitment, training and retention of a diverse health workforce for underserved communities.
For more information about the request for proposal or the mini-grant award process, contact:
Jane Friona
Executive Director
Southwest Indiana Area Health Education Center
University of Southern Indiana
College of Nursing and Health Professions, HP 2090
8600 University Boulevard
Evansville, Indiana 47712
812-461-5446
Protest At Evansville Planned Parenthood Facility On August 22 Warns: “Planned Parenthood Sells Baby Parts”
PRESS RELEASE FROM RIGHT TO LIFE OF SOUTHWEST IN.
 In light of recent revelations that Planned Parenthood has been harvesting and selling aborted baby parts, Right to Life of Southwest IN and concerned citizens of southwest Indiana are calling for a protest at the Planned Parenthood facility at 125 N. Weinbach Ave. in Evansvilleon August 22 from 9 a.m. to 11 a.m. This effort is part of a National Day of Protest taking place at Planned Parenthood offices and abortion facilities all across the United States (http://www.protestpp.com) to raise awareness about Planned Parenthood’s trafficking of aborted baby parts.
Undercover videos (see links below) released by the Center for Medical Progress reveal that Planned Parenthood abortion clinics, with the sanction of the Planned Parenthood Federation of America, are involved in the harvesting of body parts of unborn children aborted in their facilities and profiting from their sale contrary to federal laws prohibiting such practices. The videos show high-level Planned Parenthood executives haggling over the prices of fetal specimens. The videos also raise ethical questions about the exploitation of unborn children for financial gain and risks to womenÂ’s health if abortion procedures are altered solely to procure more profitable specimens.
As a consequence of this public scandal, several states have initiated investigations of Planned Parenthood and legislation has been introduced in Congress to defund the abortion giant. Planned Parenthood currently receives over $500 million in taxpayer funding annually.
WHO:Â Right to Life of Southwest IN & Concerned citizens of Southwest Indiana
WHAT:Â Press conference, prayer vigil and protest signs calling attention to PPÂ’s baby parts trafficking
WHERE:Â Planned Parenthood, 125 N. Weinbach Ave, Evansville, IN
WHEN:Â August 22, 2015 from 9:00 a.m. to11:00 a.m.
The ProtestPP.com coalition is headed by Citizens for a Pro-Life Society, Created Equal, 40 Days for Life and the Pro-Life Action League, and is co-sponsored by fifty state and national pro-life organizations.
Local spokesperson Mary Ellen Van Dyke said:
“All politics is local. We cannot only look to Washington, DC and our state governments to solve this problem. Planned Parenthood is located in large and small communities all across America. Each community with a Planned Parenthood abortion clinic or satellite office needs to take action against the killing of babies and the trafficking of their body parts. Concerned local citizens from southwest Indiana will be sending the message that it’s well past time for Planned Parenthood to be run out of town!”
Links to the first three Center for Medical Progress undercover videos:
Video 1:Â https://www.youtube.com/watch?v=jjxwVuozMnU
Sobriety Checkpoint this Weekend in Warrick County
Warrick County – Indiana State Police will be conducting a sobriety checkpoint this upcoming weekend. The exact location, date and time will not be released. Motorists that are not impaired can expect only short delays of 2-3 minutes while passing through the checkpoint.
Troopers encourage all motorists to call 911 or the closest Indiana State Police Post when they observe another motorist that may be impaired. Be prepared to give a description of the vehicle, location and direction of travel.
The Indiana State Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.
IS IT TRUE AUGUST 20, 2015
IS IT TRUE we heard that Mayoral Candidate Gail Riecken had an extremely profitable golf scramble yesterday?  … some of the sponsors and attendees were: Jones and Wallace LLC,  Commonwealth Engineers Inc ,  Hammond Mayor Tom McDermott,  UAW Vanderburgh County CAP Council,  Boilermakers Local 374,  Ice Miller Law Firm,  Hamrick’s Towing,  present 5th Ward City Councilman Johne Friend CPA,  Dr. H Dan Adams for City Council, former State Representative Dennis Avery,  County Councilman Ed Bassemier,  Short Strategy Group,  Alex Burton for City Council,  Friedman & Associates,  Anna Melcher for 3rd Ward City Council,  Tom Shoulders for 5th Ward City Council,  Larry Zuber, IAFF Local 357 President,  Joseph Kemp,  Busler Enterprises,  Jack Waldroup,  IAFF Local 357, Jim Brinkmeyer for 6th Ward City Council,  Connie Robinson for 4th Ward City Council,  Heather Willey,  Indiana State AFL-CIO,  Republic Services, IAFF PAC,  CWA in State Council COPE, Harry Koehler, Vanderburgh County Sheriff Dave Wedding, Former Sheriff and U S Congressmen Brad Ellsworth and former 6th Ward City Councilman and Vanderburgh County Commissioner David Mosby ?
IS IT TRUE that the Chief Commissioner of Higher Education for the State of Indiana just announced that Vincennes University has 20 ‘Full Ride’ scholarships for African Americans majoring in Robotics, Advanced Manufacturing and Machinery?  …the scholarships include tuition, room, board, tools, guaranteed internships, etc., for both years leading to a 2-year degree.?  …we wonder if U of E, USI and IVY TECH are going to do similar to help our qualified African Americans students?
IS IT TRUE that In 2007, then EVANSVILLE Fire Chief Ken Zuber obtained a State Grant in excess of $300,000 to help kick start a Quartermaster system for the Evansville Fire Department? Â … this Grant was not even close to what was needed to start the Quartermaster program and Chief Zuber was forced to use the money to buy an extra set of turnout gear for most of the Department Suppression employees?
IS IT TRUE Â that this Quartermaster system has an estimated cost for each firefighter around $300 per year, of they’re clothing allowance and an estimated cost for each new hire about $1,500 a year for their first 3 years in salary, to help fund this system? … the Quartermaster program will be extremely costly and a constant drain on the Fire Department and the City’s budgets for years to come?
IS IT TRUE we wonder when City Councilman John Friend, CPA  is  publicly  going to challenge City Controller and former Mayor Russ Lloyd Jr with documentations about the alleged $4 Million dollar shortfall concerning City employees Medical expenses?
IS IT TRUE we wonder when City Councilman John Friend, CPA is going to present the real facts about bond ratings with documentations?
TO FUND A QUARTERMASTER PROGRAM OR NOT
In 2007 then Fire Chief Ken Zuber received  a Grant well in excess of $300,000 to help jump start a Quartermaster system. This grant was not even close to the money needed for this program.  Since Chief Zuber wasn’t able to get any extra funding from the city he chose to buy turn out gear for most of the fire departments suppression firefighters.
In 2012 newly elected City Councilman and City Fireman Al Lindsey approached the local Fire Fighters Union #357 Executive Board about funding new Extractors and Dryers for the fire stations that didn’t have these machines. The Board approached Chief Connelly with a request for a funding of new Extractors and Dryers. The Board came back with an amount of $155,000.00 amount given them by Fire Chief Mike Connelly.
Mr. Lindsey took this figure to members of the City Council for funding. The Fire Department main selling point for this equipment was to protect the future health of Firefighters by decreasing the possibility contracting cancer due to the carcinogens in their fire gear after each fire. The City Council voted to give the money to the Chief Connelly and he agreed to comply with Council’s request.
After several months of no activity Councilman Adams was informed that there was no movement by the Fire Chief  to the installed machines at the Fire Stations. Adams contacted the Chief and ask him to come to Council and update them. Chief Connelly informed Council that he underestimated the costs of the Extractors and Dryers and that the he guesstimated that the new cost was now over $300,000. He told Council they he has come up with an alternate plan to purchase the Extractors and Dryers within the original $155,000 budget.
The new plan was to put machines in the Administration Building and he claimed this would handle all cleaning of the Fire Fighters gear and would conform with OSHA reporting standards. Fire Fighters Local Union #357 President Larry Zuber and a small group of supporters from the Fire Department rank and file also came and supported Chief Connelly’s new plan.
The Administration effectively lobbied City Councilman Dr, Dan Adams  and Dan McGinn which turned out to be the key votes needed to approve the Fire Chief plan.  We now hear that around $30,000 to $40,000 of the money was spent on actual purchase of machines but about $75,000 was spent for a storage room built inside the Administration Building.  We also hear that now every firefighter turn out gear are cleaned professionally.
We now hear that Chief Connelly has another idea for City Council to consider. Connelly is asking Council for about $600,000 plus to implement a Quartermaster program. We hear that the startup costs associated with the Quartermaster program is extremely expensive and never ending. Whats interesting about Connelly’s new proposal concerning the Quartermaster program is now a contract issue with Fire Fighters local #357 and the City. Â Some Fire Fighters are telling us that the money for this system could have been used for badly needed equipment and Fire Trucks.
Bottom line, if the majority of the City Council members would had heeded Councilman Al Lindsey advice and warnings this wouldn’t be an expensive 2016 Budget issue. Â It looks like City Council now has a new $600,000 plus budgetary elephant in the room to deal with.
Low Interest Disaster Loans Available to Residents and Small Businesses in 27 Counties Following June and July Severe Weather
Indianapolis – Governor Mike Pence received word today that the U.S. Small Business Administration (SBA) has made available low-interest disaster loans for those who suffered flood damage in 27 counties.
“June and July were difficult months for many Hoosier families and businesses,†said Governor Mike Pence. “These low-interest loans are important to help those who have suffered damage to homes, possessions, work buildings and other assets.â€
Residents, businesses, and non-profit organizations in the following counties are eligible for these disaster loans. Those counties include Adams, Allen, Bartholomew, Blackford, Brown, Clark, Delaware, Grant, Hendricks, Huntington, Jackson, Jay, Jefferson, Jennings, Johnson, Marion, Monroe, Morgan, Owen, Putnam, Randolph, Ripley, Scott, Switzerland, Wabash, Wells and Whitley.
The Indiana Department of Homeland Security worked with U.S. SBA to secure the low-interest loans following the recurring thunderstorms that moved through much of Indiana in June and July.
How to Apply for SBA Loans
Applicants may apply online using the Electronic Loan Application via SBA’s secure website at https://disasterloan.sba.gov/ela/​.
The U.S. SBA plans on opening Disaster Loan Outreach Centers in Brown, Huntington, Jay, Jefferson and Morgan counties. Residents and business owners can ask questions and receive help with loan applications from SBA officials. IDHS will also have staff on hand to assist those in need. The locations and hours for each center will be announced soon.
Additional details on the loan application process can be obtained by calling the SBA Customer Service Center at 800-659-2955 (800-877-8339 for the deaf and hard-of-hearing) or by sending an e-mail to disastercustomerservice@sba.gov.
For more information about the SBA’s Disaster Loan Program, visit http://www.sba.gov/disaster
Loan Amounts
Disaster loans up to $200,000 are available to homeowners to repair or replace disaster damaged or destroyed real estate. Homeowners and renters are eligible for up to $40,000 to repair or replace disaster damaged or destroyed personal property.
Businesses and private non-profit organizations of any size may borrow up to $2 million to repair or replace disaster damaged or destroyed real estate, machinery and equipment, inventory, and other business assets.