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Re Establishing Your Credit After Bankruptcy

Learn the Best Practices for Re-establishing Your Credit After Bankruptcy

Building a Better Credit Report

Your credit report is a file about you. It is full of information on where you live, how you pay your bills, whether you have been sued, arrested or filed for bankruptcy. Creditors use this information to evaluate your applications for credit, insurance, employment or a lease. A credit score is a way for creditors to find out whether to give you credit and how much to charge you for it. A credit score is a total of points from different factors. The factors are your bill-paying history, the number and type of accounts you have, late payments, collection actions, outstanding debt, and the age of your accounts. The higher your credit score, the better the chance of you getting a loan.

To re-establish your credit, consider applying for a secured credit card. A secured credit card requires you to open and maintain a bank account or other asset account as a financial institution as security for your line of credit. Your credit line is usually a percentage of your deposit, typically from 50 to 100 percent. It is not uncommon to incur application and processing fees. Further, secured credit cards usually have higher interest rates than non-secured cards.

Improving your Credit Report

Ensure that your credit report is accurate and complete. The creditor and credit bureau are responsible for correcting inaccurate or incomplete information. To correct any erroneous information, follow the instructions at www.equifax.com, www.experian.com, or www.transunion.com. Once the erroneous information has been verified, all three consumer reporting agencies will correct the information and send you a free credit report with the correct information. This credit report does not count as your free annual credit report.

If you have any negative information on your report, which is accurate, time is the only way for it to be removed. Most accurate negative information stays on your reports for seven years and bankruptcies stay on for ten years.

Identity Theft and your credit report

Here are some indications that you may have been the victim of identity theft:

  • Failing to receive mail, signaling an address change by the identity thief.
  • Receiving credit cards for which you did not apply.
  • Receiving calls from debt collectors about merchandise or services you didn’t buy.
  • Denial of credit for no apparent reason.

If you suspect that your identity has been stolen then there are two important steps to take right away.

First, place a fraud alert on your credit reports. Contact any of the three nationwide consumer reporting companies and place a fraud alert on your credit report. The initial credit bureau will contact the other insurance companies and they will also put an alert on your report.

Equifax: 1-800-525-6285 or www.equifax.com.

Experian: 1-888-397-3742 or www.experian.com.

TransUnion: 1-800-680-7289 or www.transunion.com.

Second, close the accounts that you know or believe have been tampered with or opened fraudulently and contact the security or fraud department of each company. Follow up in writing and include COPIES of supporting documents.

The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information used by nation’s consumer reporting companies. There were recent amendments that were made to the FCRA. Those amendments expanded consumer rights and placed additional requirements on consumer reporting companies and businesses that provide information about consumers to consumer reporting companies.

Types of Information that Can be Collected

There are four basic types of information that consumer reporting companies can collect and sell:

  1. Identification and employment information: This includes your name, birth date, Social Security number, employer, and your spouse’s name. It also includes your employment history, home ownership, income, and a previous address.
  2. Payment history: This shows you how much credit has been extended and if you have paid on time. Also, it shows if a creditor has referred your account to a collection agency.
  3. Inquiries: The consumer reporting companies must keep a record of all the creditors who have asked for your credit history within the last year. They must also keep a record of individuals or businesses that have asked to see your credit history for employment purposes within the last two years.
  4. Public record information: This shows events that are a matter of public record, such as bankruptcies, foreclosures, short sales, or tax liens.

If you have questions about rebuilding your credit after Chapter 7 bankruptcy then contact the Dunaway Law Group at 480-389-6529 or message us HERE.

Real ID Act

The FAA just issued new rules for small unmanned aircraft remote ID and flight over people.

New Rule on Remote ID of Unmanned Aircraft

There are three options for unmanned aircraft (UA): 1. Standard Remote ID with broadcast directly from the UA, 2. Remote ID Broadcast Module as a separate broadcast device on the UA, and 3. FAA-Recognized Identification Areas (FRIA) where UAs without Remote ID can fly.

Option 1: Standard Remote ID

  • Broadcasts remote ID messages directly from the UA via radio frequency broadcast (likely Wi-Fi or Bluetooth technology)
  • The broadcast will be compatible with existing personal wireless devices.
  • Standard Remote ID message includes:
    • UA ID (serial number of UA or session ID);
    • Latitude/longitude, altitude, and velocity of UA;
    • Latitude/longitude and altitude of the Control Station; 
    • Emergency status; 
    • A time mark.
  • Remote ID message will be available to most personal wireless devices within range of the UA’s broadcast.
  • However, correlating the serial number or session ID with the registration database will be limited to the FAA and can be made available to authorized law enforcement and national security personnel upon request.
  • The range of the remote ID broadcast may vary, as each UA must be designed to maximize the range at which the broadcast can be received.

Option 2: UA with Remote ID Broadcast Module

  • Broadcast Module may be a separate device that is attached to an unmanned aircraft, or a feature built into the aircraft.
  • Enables retrofit for existing UA, and Broadcast Module serial number must be entered into the registration record for the unmanned aircraft.
  • Broadcast Module Remote ID message includes:
    • Serial number of the module;
    • Latitude/longitude, altitude, and velocity of UA;
    • Latitude/longitude and altitude of the take-off location, and time mark.
    • UA remotely identifying with a Broadcast Module must be operated within visual line of sight at all times.
  • Broadcast Module to broadcast via radio frequency (Wi-Fi or Bluetooth).
  • Compatibility with personal wireless devices and range of the Remote ID Broadcast Module message similar to Standard Remote ID UA.

Option 3: FAA-Recognized Identification Areas (FRIA)

  • Geographic areas recognized by the FAA where unmanned aircraft not equipped with Remote ID are allowed to fly.
  • Organizations eligible to apply for the establishment of a FRIA include community-based organizations recognized by the Administrator, for example the Academy of Model Aeronautics. Additionally, primary and secondary educational institutions, trade schools, colleges, and universities may apply to establish a FRIA.
  • Must operate within visual line of sight and only within the boundaries of an FRIA.
  • The FAA will begin accepting applications for FRIAs 18 months after the effective date of the rule, and applications may be submitted at any time after that.
  • FRIA authorizations will be valid for 48 months, may be renewed, and may be terminated by the FAA for safety or security reasons.  

Design and Production Rules for Manufacturers

  • Most unmanned aircraft must be produced as Standard Remote ID Unmanned Aircraft and meet the requirements of this rule beginning 18 months after the effective date of the rule.
  • Remote ID Broadcast modules must be produced to meet the requirements of the rule before they can be used.
  • The final rule establishes minimum performance requirements describing the desired outcomes, goals, and results for remote identification without establishing a specific means or process.
  • A person designing or producing a standard UA or broadcast module must show that the UA or broadcast module met the performance requirements of the rule by following an FAA-accepted means of compliance.
  • Under the rule, anyone can create a means of compliance. However, the FAA must accept that means of compliance before it can be used for the design or production of any standard remote identification UA or remote identification broadcast module.
  • FAA encourages consensus standards bodies to develop means of compliance and submit them to the FAA for acceptance.
  • Highlights of Standard Remote ID UA Performance Requirements:
    • UA must self-test so UA cannot takeoff if Remote ID is not functioning
    • Remote ID cannot be disabled by the operator
    • Remote ID Broadcast must be sent over unlicensed Radio Frequency spectrum (receivable by personal wireless devices, ex: Wi-Fi or Bluetooth)
    • Standard Remote ID UA and Remote ID Broadcast Modules must be designed to maximize the range at which the broadcast can be received.  

Other Provisions in the Remote ID Final Rule

  • No Automatic Dependent Surveillance-Broadcast (ADS-B) Out or Air Traffic Control (ATC) Transponders
  • However, ADS-B Out & ATC transponder authorization is likely for large UAS operating in controlled airspace.
  • Operators can seek special authorization to operate UA without remote identification for the purpose of aeronautical research or to show compliance with regulations.
  • UA registered in a foreign country can be operated in the United States only if the operator files a notice of identification with the FAA.

Major Changes from Proposed Rule to Final Remote ID Rule

  • Network-based / Internet transmission requirements have been eliminated. The final rule contains Broadcast-only requirements. 
  • UAS operators under the Exception for Limited Recreational Operations may continue to register with the FAA once, rather than registering each aircraft. However, each Standard UA or Broadcast Module serial number must also be entered into the registration record for the unmanned aircraft.
  • “Limited Remote ID UAS” has been eliminated and replaced with Remote ID Broadcast Module requirements to enable existing UA to comply. 
  • Educational institutions may now apply for FRIAs as well as community-based organizations.

Final Rule on Operation of Small Unmanned Aircraft Systems Over People

The new rule allows routine operations over people and routine operations at night under certain circumstances! The rule will eliminate the need for those operations to receive individual Part 107 waivers from the FAA.

The final rule establishes four new categories of small unmanned aircraft for routine operations over people. It also allows for routine operations over moving vehicles.

Category 1

  • Eligible small unmanned aircraft must weigh less than 0.55 pounds and contain no exposed rotating parts that would lacerate human skin.
  • Operations over people:
    • No exposed rotating parts that would lacerate human skin.
    • Operation prohibited in sustained flight over open-air assemblies unless the operation meets the requirements for standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.

Category 2

  • Eligible small unmanned aircraft must not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object, 
  • Does not contain any exposed rotating parts that could lacerate human skin upon impact with a human being, 
  • Does not contain any safety defects. 
  • Requires FAA-accepted means of compliance and FAA-accepted declaration of compliance.
  • Operations over people:
    • No operation in sustained flight over open-air assemblies unless the operation meets the requirements for standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.
    • Requires means of compliance and declaration of compliance by the applicant.

Category 3 

  • Eligible small unmanned aircraft must not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object, 
  • Does not contain any exposed rotating parts that could lacerate human skin upon impact with a human being, 
  • Does not contain any safety defects. 
  • Requires FAA-accepted means of compliance and FAA-accepted declaration of compliance.
  • Operations over people:
    • No operation over open-air assemblies of human beings.
    • May only operate if one of the following conditions met:
      • The operation is within or over a closed- or restricted-access site and all human beings located within the site must be on notice that a small unmanned aircraft may fly over them
      • The UA does not maintain sustained flight over any human being unless that human being is directly participating in the operation of the small UA; or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.

Category 4 

  • Eligible small unmanned aircraft must have an airworthiness certificate issued under Part 21 of FAA regulations
  • Must be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. 
  • The operating limitations must not prohibit operations over human beings.
  • Must have maintenance, preventive maintenance, alterations, or inspections performed in accordance with specific requirements in the final rule.
  • Operations over people:
    • No sustained flight over open-air assemblies unless the operation meets the requirements of standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.

Operations at night 

  • Remote pilots in command must complete either the updated initial test or the updated recurrent online training.
  • The small UA must be equipped with operational anti-collision lights that can be seen for 3 statute miles and have a flash rate sufficient to avoid a collision. 

Operations over moving vehicles

  • Must be Category 1, Category 2, and Category 3, eligible to operate over people, may not maintain sustained flight over moving vehicles; transit operations only.
  • Throughout the operation, the small unmanned aircraft:
    • Must remain within or over a closed- or restricted-access site, and all human beings located inside a moving vehicle within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; 
    • Or must not maintain sustained flight over moving vehicles.
  • For a Category 4 operation, the small UA must
    • Have an airworthiness certificate issued under part 21.
    • Be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. 
    • The operating limitations must not prohibit operations over human beings located inside moving vehicles.

Remote Pilot knowledge test changes

  • The final rule updates the initial Remote Pilot knowledge test to include night subject areas. 
  • The final rule replaces the requirement to complete an in-person recurrent test every 24 calendar months. The updated requirement is for remote pilots to complete online recurrent training which will include night subject areas. 
  • The online recurrent training will be offered free of charge to remote pilots.  

Inspection, testing, and demonstration of compliance

  • A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system must:
    • Have in that person’s physical possession the remote pilot certificate with a small UAS rating and identification
    • Present his certificate and identification upon a request from the FAA, NTSB, TSA, or any Federal, state, or local law enforcement officer. Wow! It is very interesting that local police officers will now be able to ask a UA pilot for their credentials.
    • Make available, upon request, to the FAA any document, record, or report required to be kept under FAA regulations.
    • Upon request, must allow the FAA to test or inspect the small unmanned aircraft system, the remote pilot in command, the person manipulating the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to determine compliance with the rule.  

Design and Production Rules for Manufacturers

  • Some existing Category 1 small unmanned aircraft may meet the performance-based requirements to be eligible for Category 1 operations over people of this rule beginning the effective date of the rule (Those that have already been produced with propeller guards/shrouds that prevent the blades from causing laceration to human skin upon impact).
  • Manufacturers may bring to market retrofit propeller guards to install on existing small unmanned aircraft to make them eligible for Category 1 operations over people beginning after effective date of this rule.
  • Some existing small unmanned aircraft may meet the performance-based requirements to be eligible for Category 2 operations over people of this rule once FAA-accepted MOC and DOC are received.
  • Small unmanned aircraft may meet the performance-based requirements for Category 2 of this rule upon FAA-Accepted MOC/DOC 9-12 months after the effective date of this rule.
  • Small unmanned aircraft may meet the performance-based requirements for Category 3 of this rule upon FAA-Accepted MOC/DOC 9-12 months after the effective date of this rule.
  • Category 4 small unmanned aircraft for operations over people may receive an airworthiness certificate beginning 6-12 months after the effective date of this rule.  

Major Changes from Proposed Rule to Final Rule

  • Category 1 small unmanned aircraft cannot have any exposed rotating parts that would lacerate human skin.
  • Category 1, Category 2, and Category 4 [sic] remote pilots are prohibited from operating a small unmanned aircraft in sustained flight over open-air assemblies unless the operation meets the requirements of standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.
  • Added a Category 4 of small unmanned aircraft that may be eligible for operations over people and moving vehicles.
  • Allow operations over moving vehicles.
  • Remote pilot, owner, or person manipulating the controls must have in their physical possession and readily available their remote pilot certificate.

If you would like help obtaining waivers or have questions about the new FAA final rules then contact the UAS Law Center at 623-252-6884 or message us HERE.

FAA Partners with Law Enforcement

Goal of FAA Partnership with Local Law Enforcement Agencies:

The FAA values its partnerships with local law enforcement agencies). By working together, the LEAs can help protect the safety of people on airplanes and on the ground from unsafe and unauthorized unmanned aircraft systems (UAS). Local law enforcement are typically in the best position to acquire and make initial requests to identify and preserve electronic or video evidence, or obtain legal process for securing this evidence.

Often the FAA aviation safety inspectors–the agency’s personnel responsible for investigating unauthorized and/or unsafe activities are often unable to immediately travel to the location of an incident. Although the FAA retains the responsibility for enforcing the FAA’s regulations, local law enforcement agencies are integral in helping deter, detect, investigate, and, as appropriate, pursuing enforcement actions under their existing authorities to stop unauthorized UAS operations.

the faa’s primary focus is safety

FAA’s Primary Focus: While the FAA’s primary focus is on educating the public of aviation safety. However, the FAA will take civil administrative enforcement action against UAS pilots who operate in a careless or reckless manner so as to endanger life or property. The FAA recognizes LEAs are often in the best position to deter, detect, immediately investigate, and, as appropriate, pursue enforcement actions in response to unauthorized or unsafe UAS operators.

While the FAA must exercise caution not to mix criminal law enforcement with the FAA’s civil administrative safety enforcement function, the public interest is best served by coordinating and fostering mutual understanding and cooperation between governmental entities with enforcement responsibilities.

The increasing number of cases of unsafe and unauthorized operation of UAS is a serious concern for the FAA. The FAA relies on local law enforcement to help deter, detect, and investigate unauthorized and or unsafe UAS operations.

the faa’s safety mandate

FAA’s Safety Mandate: The FAA’s safety mandate is defined in 49 U.S.C. 40103 requires it to regulate aircraft operations conducted in the National Airspace System, which include UAS operations, to protect persons and property on the ground, and to prevent collisions between aircraft or between aircraft and other objects. In addition, 49 U.S.C. 44701(a) requires the agency to promote safe flight of civil aircraft in air commerce by prescribing, among other things, regulations and minimum standards for other practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security.

unmanned aircraft are still aircraft

An Unmanned Aircraft is Still an Aircraft: An unmanned aircraft is an “aircraft” as defined by the FAA and are therefore subject to regulation by the FAA. The FAA has promulgated regulations that apply to the operation of all aircraft, whether manned or unmanned, irrespective of the altitude at which the aircraft is operating. To further complicate matters, state and local governments are enacting their own laws regarding the operation of UAS, which may mean UAS operations may also violate state and local laws specific to UAS operations, as well as broadly applicable laws such as assault, criminal trespass, or injuries to persons or property.

While the FAA must exercise caution not to mix criminal law enforcement with the FAA civil administrative safety enforcement function, the public interest is best served by coordinating and fostering mutual understanding and cooperation between governmental entities with enforcement responsibilities.

d-r-o-n-e

D-R-O-N-E Law enforcement officials, first responders, and others can provide invaluable assistance to the FAA and deter unsafe and unauthorized UAS operations by taking the actions outlined in the acronym D-R-O-N-E.

Direct: Direct attention outward and upward, attempt to locate and identify individuals operating the UAS. Look at windows, balconies, and rooftops. Local law enforcement is in the best position to locate the suspected operator of the aircraft, and any participants or personnel supporting the operations.

Report: Report the incident to the FAA Regional Operations Center. Follow-up assistance can be attained through FAA Law Enforcement Assistance Program special agents. Immediate notification of an incident, accident, or other suspected violation to one in the FAA ROCs, located around the country, is invaluable to the timely initiation of the FAA investigation.

Observe: Observe the UAS while maintaining visibility of the device. Look for damaged property or injured individuals. Local law enforcement is in the best position to identify potential witnesses and conduct initial interviews, documenting what they observed while the event is still fresh in their minds. Additionally, capturing the names and contact information of witnesses to provide the FAA will also be extremely helpful.

Notice: Notice the features of the UAV. Look to identify the type of device, whether it is fixed wing or multi-rotor, its size, shape, color, what type of video equipment it may have, and the activity of the device. Pictures or video of the UAV’s poor behavior are helpful in determining the time of day and locations plus any damage or injuries that may have occurred.

Execute: Execute appropriate action. Follow your policies and procedures for handling an investigation and securing a safe environment for the public and first responders. It must be noted, any investigations conducted by local enforcement agencies should be in accordance with local and or state authorities, as the FAA’s statutes and regulations do not permit their as a basis for LEAs to conduct investigations.

summary

Summary: State and local officials are urged to use their governmental units legal resources, and their own management chain, to develop acceptable protocols for dealing with these instances. However, with appropriate data collection during first responses, and early reporting to the FAA, federal, state, and local agencies will be in the best position to collect and share information of interest to each jurisdiction.

If you are a first responder and have questions about starting a drone program then contact the Dunaway Law Group at 623-252-6884 or message us HERE.

Chicago Convention ICAO

Manned aviation was just taking flight when States from across the world saw the importance of establishing a framework that would set the boundaries for civil international aviation regulation. So, State leaders from across the world gathered in Chicago, Illinois, for the Chicago Convention on International Aviation Law, (Chicago Convention).

The Chicago Convention establishes rules of airspace, aircraft registration, safety, security, and formalizes the principle that every State has complete and exclusive sovereignty in the airspace above its territory. It also formalized the desire to create an international civil aviation organization that could organize and support the international cooperation which the growing global air transport network would require.

The Chicago convention was held in 1944–just a few decades after the beginning of manned flight, the world was already using remotely controlled and uncontrolled (autonomous) aircraft. There was even a specific Article created to address the issue of one unmanned aircraft flying over the territory of another aircraft. Requiring aircraft flown without a pilot to receive special permission to fly over the territory of a Contracting State.

Birth of ICAO and its Mission

The International Civil Aviation Organization (ICAO) held its first official Assembly in May of 1947 and it was given responsibility for regulating the many technical aspects of commercial air transportation. With the primary goal of creating uniformity in standards and “ensuring the safety of international civil aviation worldwide”. Creating international standards respecting categories, classes or types of aircraft or classes of airmen, certificates and licenses issued or rendered valid, under national regulations, by the Contracting State in which the aircraft is registered shall be recognized by other Contracting States for the purpose of flight over their territories, including landings and takeoffs.

The ICAO required member States to create their own domestic laws and regulations to comply with the Annexes of the Chicago convention. These new domestic laws and regulations would certify aircraft, airmen, and aircraft operators as competent to carry out safe operations in international aviation.

The World Headquarters of the International Civil Aviation Organization- ICAO – is located in Montreal, Canada.

ICAO Standards & Unmanned Aircraft

The ICAO fulfills its mission of creating homogeneity and safety through a myriad of very tight controls. The Chicago Convention’s Annexes have increased in number and evolved to now include more than 12,000 international standards and recommended practices (SARPs), all of which have been agreed to by ICAO’s now 193 Member States.

States are obliged to recognize the validity of the certificates of airworthiness and personnel licenses issued by the State in which the aircraft is registered, so long as the standards under which such certificates or licenses were rendered is at least as stringent as those established by ICAO.

type certification

For example, member States must provide type certification of a specific aircraft design. A type certificate will list specific features like the engines, the computer software, the materials that make up the aircraft and verify that they are functional and safe. Additionally, each significant change to the aircraft requires a whole new set of tests and an amended type certificate. 

The terms of the Chicago convention related to aircraft apply equally to remotely piloted aircraft engaged in international air navigation. Thus, like any other aircraft, RPA must comply with orders to land and other instructions issued by the overflown state pursuant to Article 3; operate in accordance with rules of the are in accordance with Article 12: have access to airports on a non-discriminatory basis under Article 15: their appropriate nationality and registration marks as required by Article 20: carry required documentation as per Article 29: and have a certificate of airworthiness issued or rendered valid by the state in which it is registered in accordance with Article 31.

Once an aircraft design has obtained its mandatory type certificate, each aircraft must then obtain an “airworthiness certificate” before it can fly into the airspace of another State. Each and every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered. Certificates of airworthiness are for a specific plane. The airworthiness certificate must be kept onboard the aircraft and available for inspection by another contracting State.

annex 2 – chicago convention

Annex 2 of the Chicago convention was Amended in 2012 to include a standard requiring remote Pilots to be licensed in a manner consistent with Annex 1.  Though, as noted in the RPAS Manual, these certifications and licensing standards are not yet developed or adopted! This raises the awkward question of whether Contracting States are required to recognize certificates and licenses for remote pilots issued by the state of registry, pending the coming into force of the Annex 1 standards that are currently under development. 

Consequently, the mandate for the mutual recognition of certificates and licenses among contracting States in the absence of ICAO standards likewise does not extend to certificates and licenses for “remote pilots”. Therefore, adoption of a specific standard for mutual recognition, like the ones for “air operator certificates” in Annex 6, may be desirable to require contracting States to recognize certificates and licenses for remote Pilots issued or rendered valid by other contracting States.

The best way for ICAO to introduce RPA into international air and to avoid collisions between RPAS and aircraft, an international regulatory body is needed to provide uniform standards for national certification of RPAS and introduction into international airspace. However, ICAO is best equipped to treat manned aircraft and not remotely piloted aircraft.

If you need the guidance of an aviation attorney then contact the Dunaway Law Group at 623-252-6884 or message us HERE.