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Bankruptcy Law 101

This is the article that no one hopes to need and we would prefer not to write.

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As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

  1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
  2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
  3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
  4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
  5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
  6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
  7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Gardening

Tools & Resources Online

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Garden (noun): a) plot of ground where herbs, fruits, flowers, or vegetables are cultivated b) a rich well-cultivated region c) a container (as a window box) planted with usually a variety of small plants [Merriam-Webster Online]. As seen in the preceding definition, gardens can be functional providing herbs & veggies or they can be landscaped areas of beauty with flowers and other cultivated plants. Whether for an apartment with window boxes and porch containers or a house with acres to play, everyone can create a garden if they want one. There are many wonderful resources online that can help those who want to add plants around their home environment.

First we collected some good, free, online landscaping planners that help you plot out your yard and garden before you plant a single seed. Most come with some plant information but we have also collected a list of plant reference sites that detail plant climate preferences, light requirements and much more. Finally, we have listed sites that offer ideas for unique and complex garden solutions or not so common alternatives to liven up your bit of green.

Part I:

Planning Your Garden Masterpiece Part of the fun of gardening or landscaping a home are the random finds at the local nursery. Ooh! That hasta is beautiful and would look great next to my window! Never mind the poor sage that now gets no light and begins to wither away! Granted this doesn't always happen and not everyone has the time (or the budget) to pre-plan and selectively purchase everything for their yard at one time. However, free online landscaping tools are easy to use and are a fun way to get a little more structure to your garden before you start tossing dirt around. Most of these planners are ideal for large scale sketches. Once the big picture is sketched out, you can more easily concentrate on the smaller parts of the project. It is easy to become overwhelmed by all the plant choices and concepts you may like to try around your home. Having a plan eases the work of the anxious gardner working towards a larger masterpiece. Better Homes & Gardens Plan-a-Garden www.bhg.com Website: Plan-a-Garden lets you design anything from a patio-side container garden to your whole yard. Use your mouse to "drag-and-drop" more than 150 trees, shrubs, and flowers. Add dozens of structures like buildings, sheds, fences, decks -- even a pond. Homecheck Review: You must sign up for online membership to access, but it is free. Opening quick tips offers the only tutorial. Plants are more ‘cartoonish’ which makes it easier to draw out spaces but doesn't help the plant-challenged who may not know what the heck a real Heuchera looks like! There is a option for more plant info that offers info about temperatures and growth height; but very basic at best. I do really like the drag-and-drop with the mouse to place objects. Also easy rotation, zooming and hiding controls. Don’t forget to save your garden; one perk to having an online account is that you may save work on projects and come back to them later. gardenplanner www.smallblueprinter.com/garden/ Website: Arrange plants, trees, buildings and objects using an easy to use 'drag and drop' interface. Use tools to quickly create paving, paths and fences. Then produce a high quality color print out of your design. Homecheck Review: This is a paid program but there is a free trial version you may download to your computer or try online.This program is very basic with both objects and their shapes. This is a better concept planner where you can draw out what you want the yard to look like and then fill in plant details later. Program itself is easy to use, just click drag and click you objects wherever you want. Homestore.com The Garden Designer www.homestore.com/homegarden/gardening/tools/landscapeplanner/ Website: Homestore.com's Garden Designer is the easiest way to visualize the perfect outdoor design! Homecheck Review: There is a simple introduction to the program that gives information by answering common questions. There is no membership requirement to use this program. Like the others it includes a drag and drop interface. Objects are easy to size. Although plants are again clip art, they do offer more variation in look so it is easier to distinguish which plants you place on your grid. However, no information about plant lighting, size and other details are provided. Quick and easy to use, just have a good idea of your plants ahead of time. Lowe's Landscape & Garden Planner www.lowes.com Website: If your outdoor inspiration needs a little help, here is the tool you need. Use Lowe's Landscape and Garden Planner to help build the yard of your dreams. With our design tool, garden and landscape planning are as easy as clicking and dragging. Homecheck Review: This site does request user registration to use freebies. It offers free online newsletters at the time of registration and you can opt out if you choose. Once in the Planner there is a great opening tutorial - turn on your speakers as it is narrated! This program is easy to use with a point-and-click and drag-and-drop tools. When you begin your layout you will be prompted for width and depth of the lot and your region on the US climate map. Hardscapes or objects like your home, driveway and fence are basic images. Plants are listed by sun requirement and type. Plant pictures are basic drawings rather than real images which is not as fun to plan with for those of us with less plant knowledge. Nice features include the sectioning off of areas on the plan so you may work on smaller plots one at a time and printable shopping lists of of your design. NOTE: I used this site the first time a couple of months ago (1/05) and LOVED it, great detail and real images of plants! Recently when I reviewed it again (6/05) it was too simplistic and buggy - many of the radio buttons brought up 0 options to choose from when I logged in the first two times; at the third log-in things started working. And now cookie-cutter-clipart plants rather than images of the real thing? What were they thinking? Blah! Not sure what happened to this once awesome program? Still good and easy to use but not as stellar as before.

Part II:

Plant Reference Sites Solanum Tuberosum? I just wanted a potato... Sometimes the most frustrating or overwhelming aspect of planning your yard can be finding the right plants. Knowing your climate zone is only the first part of the battle. A plant's happiness in your yard will depend on sun exposure, watering, soil make up and all other types of fussy tid bits.Then there is the not so obvious questions of what will the plant look like in 5-10 years. Having a good book to flip through is a good start. The power of the internet is that you have the ability to refine searches and find new hardier plants that may not have been originally strong enough for your region. Below are some online plant guides that can help demystify the abundant world of flora. BBC Gardening Plant Finder www.bbc.co.uk/gardening/plants/plant_finder/ Website: Look up detailed information about thousands of plants using our searchable database. You will find descriptions of the plants and tips about growing them. Homecheck Review: Okay, we know it is not local and there are certain quirks - using centimeters instead of inches!? But seriously, this is an easy to use database. The pictures are great and there are good short plant bios. Burpee www.burpee.com Website: The Burpee company was founded in Philadelphia in 1876 by an 18 year-old with a passion for plants and animals and a mother willing to lend him $1000 dollars of "seed money" to get started in business. Within 25 years he had developed the largest, most progressive seed company in America. By 1915 we were mailing a million catalogues a year to America's gardeners. Homecheck Review: Granted this is a site interested in selling products. But the garden wizard is easy to use and full of good information and pictures. A nice feature is the ability to describe what type plant you need: sun, sow, height and difficulty. The search results come with pictures that may be selected for more detail. This was an easy tool for getting information about vegetable garden plants. Again, due to the fact that they are limited to products they sell not every plant out there will be available for search. Dave's Garden http://davesgarden.com/pf/ Website: Welcome to PlantFiles, the largest plant database in the world with 101,549 entries, 76,918 images and 45,373 comments. Currently entries are from 350 families, 3,587 genera, 22,207 species, and 68,483 cultivars. PF continues to grow through the collaborative efforts of 11,388 gardeners from around the world, most notably the Uber Gardeners. Any registered user may add new plants, images, details, comments, and ZIP codes. Homecheck Review: Finally a database worth checking out! Easy to search, great pictures, and great information about how to sow, grow and maintain the individual plants. An extra plus is that visitors may post comments about their experiences growing the plants listed. HortiPlex Database from Garden Web www.gardenweb.com Website: The HortiPlex database contains plant images and data as well as links to information sources, images and vendors at other sites. Searches may be limited to: just those records with images or links to images; records with vendor links; or, records of botanical taxa. Homecheck Review: Some of the plants listed have information in the actual database which is provided users who leave remarks and pictures. For the most part this database lists other listings out there that reference a particular plant. It is bare bones and somewhat difficult as it is not at first obvious where to click for more information. Disappointing in that most plants only have links to other databases. Would be much better if more users participated and left remarks about the plants they have used or know about. GreenPlace.com (Part of Home & Garden Showplace) www.gardenplace.com Website: Need gardening information and inspiration? Help is just a click away. Homecheck Review: Number of plants are limited to the more common variety. Probably based on what the store carries as well. Easy to use search - really like the show everything option. Nice pictures of the plants. Information for the individual plants is basic, similar to what you would find on the the plant tag at the store. Home Depot Plant Guide www.plant-guide.com/HomeDepotForm.asp Website: Get the information you need to design your garden like a pro. Find out which plants are right for your landscaping project or learn about a particular plant you purchased at Home Depot. Homecheck Review: This site is easy to use. I find doing a broad search by climate and plant category to give the most results. When doing a search like this the results can be substantial (in the hundreds!). Results include list of scientific and common names. Clicking on selection takes you to a more detailed description that includes pictures, scale, uses and much more. For an online freebie, I really liked the usability of this tool. Martha Stewart Living www.marthastewart.com Website: Finding plants for your garden is as easy as picking the features that are most important to you. For instance, for plants that attract butterflies, check that box and your Zone, and click on Search. Homecheck Review: The plant search is very detailed. You may also want to browse by plant type if you are still in the broader planning stage. Pictures are good, usually of the plant feature, flower or fruit). The detail about the plants is wonderful. Definitely a great resource about most plants out there. Another fun addition to this planner is the ability to search plants by 'theme gardens'. Great lists and good way to plan various sections of your yard. Plants Database http://plants.usda.gov/index.html Website: The PLANTS Database provides standardized information about the vascular plants, mosses, liverworts, hornworts, and lichens of the U.S. and its territories. It includes names, plant symbols, checklists, distributional data, species abstracts, characteristics, images, plant links, references, crop information, and automated tools. PLANTS reduces costs by minimizing duplication and making information exchange possible across agencies and disciplines. Homecheck Review: It is not the easiest to browse this database. However, if you know what particular plant you are looking for it is probably in here. Plant information is more scientific. Some plants have pics and some do not. Best for general information about your plants but not necessary a gardening tool. Rock Garden Database www.kadel.cz/flora/kvSearch.html Website: Welcome to the Rock Garden Plants Database. It contains 11253 species with 560 photos and is still growing. For each plant you will find here known synonyms of its name, short description, territory and altitude of its natural location, size, color, bloom, if it is calciphile (Ca+) or calciphobe (Ca-), its type (rosette etc.), cultivation and propagation. Homecheck Review: This site is specialized but has some fun information. Not easy to search but fun to browse. A work in progress shows but still information about plants that aren't as common. MORE SEARCHING... Check out local nursery websites as well. Many of these sites list their plants with pictures and all kinds of good information. Plants will be limited to their selection, but it is another fun way to browse the possibilities. Part III: Unique & Complex Garden Solutions Rooftop need a bit of green? Want to soften and add a natural retreat to your patio? Apartment living have your options limited? No problem! These sites give great ideas for complex and limited spaces. They also offer ideas for container gardens or unique features that any home may enjoy. Finally, these sites also offer advice for various garden problems. We have collected a few examples below. Not every subject for each site is listed below; so take a look at the main link and see what other helpful treasures you may find. About.com-Gardening http://gardening.about.com/ Garden Pests: The following photos illustrate some insect pests and diseases you may encounter in your garden. Mole Control: Mole holes are unsightly on lawns and can be disruptive to the root systems of garden plants. Xeriscape Gardening: Xeriscaping was a term coined back in 1970s in Denver, CO, to mean water wise or water efficient landscaping. Better Homes & Gardens http://netscape.bhg.com/ Container Garden: Create a movable feast of color to match your needs -- whether you live in a country cottage or a New York sky rise. Water Garden: Use water to add sound, sparkle, and movement to your landscape. Wildlife Garden: Make your garden into a delightful refuge for wildlife creatures. Do It Yourself Network www.diynetwork.com/diy/gardening Condo Garden: Even those who live in apartments or condominiums, where space is truly at a premium, can convert a tiny area into an idyllic garden that satisfies the senses and soothes the soul. Container Gardens: Artist and gardener Keeyla Meadows enjoys using containers to experiment with plant textures and colors. Paul James, host of HGTV's Gardening by the Yard, explains how to use container plants creatively. Small Space Garden: Small-space gardening can be a challenge. This segment describes a small Chicago garden that had too much sun on one side and too much shade on the other. Urban Garden: How to transform small spaces into fresh, stylish areas of tranquility, using hip hardscapes and cold hardy perennials. Water Garden: Pond builder Richard Koogle of Lilypons Water Gardens offers advice on maintaining a water garden. Wildlife Garden: [Many subjects from attracting humming birds and butterflies to deterring deer from your yard with plant choices.] Environmental Design & Construction www.edcmag.com Rooftop Garden: The garden roof assembly or “green roof system” has been available in the United States for more than 70 years. Construction consists of two equally important phased applications: the waterproofing application and the garden assembly. The ultimate success of a rooftop garden depends largely on the proper design and installation. Garden Guides www.gardenguides.com Container Garden: Even the smallest patio or porch can boast a crop of vegetables or a garden of flowers in containers. Planter boxes, wooden barrels, hanging baskets and large flowerpots are just some of the containers that can be used. See other Tips & Techniques Organic Gardening www.organicgardening.com Organic Garden: We've gathered the basics of organic gardening for you here. You'll be able to find where to get your soil tested, learn how to manage pests without using chemicals, and read growing guides for vegetables and flowers. Conclusion The above collection of resources is only the beginning. Many more articles, blogs, photographs, and other tid bits about gardening are available on the web. Hopefully this article served to illustrate what a great resource the Internet can be when planning and improving your garden. We have covered landscaping planners, plant reference guides and various garden solutions from problems with pests to space. If you find some of the bits in this article resourceful, be sure to bookmark this page to review it in the future. Happy gardening!

Cracks in the sidewalk

Our home inspector said that parts of our sidewalk are a potential trip hazard.

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Q. Our home inspector said that parts of our sidewalk are a potential trip hazard. We think that he is being too picky and splitting hairs. What do think about cracks in sidewalks?

A. Simple cracks in a concrete sidewalk are not necessarily a problem unless they become large enough to catch the heel or toe of a shoe or the tip of a cane. Cracks normally indicate movement in the sidewalk, and are fairly normal. Most sidewalks that are more than 20 years old will have some cracks. On the other hand, upheavals in sections of the sidewalk can be a liability. Concrete sidewalks typically will have expansion joints at regular intervals. These individual sections of concrete can rise or fall as much as three inches in some extreme cases. The most common reason for upheaval is tree roots. The opposite problem is caused by subsidence where the ground beneath the slab sinks. An upheaval of more than one inch can become a dangerous trip hazard, and a liability to you as the home owner. This type of trip hazard is particularly dangerous at night. In my practice, I always explain this to the client, and encourage them to make repairs.

Homecheck Autumn Harvest

Fall is traditionally associated with harvesting and stocking up for the winter ahead.

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Fall is traditionally associated with harvesting and stocking up for the winter ahead. However, many locations in the U.S., even those accustomed to getting heavy snow in the winter, may embrace the fall as a great time to extend their garden harvest and continue to play with their landscape. Gardeners may continue to plant a regular 'salad mix' and root vegetables through November. Fall is also a great time to plant bulbs and other plants for the following spring. Landscapers who think ahead may already have some great flower varieties showing off their colors in the fall. Finally, fall is a great time to take advantage of mild temperatures to prepare the plants and soil for the winter ahead. There are many projects for the fall garden to keep all green-thumbs happy!

"Autumn, the year's last, loveliest smile." ~ William Cullen Bryant

Part I: The Garden

• There are many quick growing vegetables that enjoy the milder fall temperatures. There are also some longer growing vegetables that don't mind a little frost and may be planted early fall for a harvest in November/December. Some of those that can help keep your green thumb busy are: Arugula - Beets - Broccoli - Cabbage - Carrots - Cauliflower - Leeks - Mustard - Radish - Scallions - Spinach - Turnips - Winter Squash (click on each for more information)

• As you enjoy your fall vegetable garden, keep some of these tasks in mind to prep the soil for your spring planting.

  1. Remove dead plants. If you keep them there they may become a hiding place for pests. Instead, collect healthy remains and place them in a compost bin or discard completely. Also remove old stakes and twine, this will just get messy over the winter and become more of a headache to clear out come spring.
  2. You may till some dead leaves and compost into the soil to add nutrients over the winter. However, be careful not to have too much as you do not want to mat the surface. Tilling your soil in the fall can also expose any pest larvae to freeze in the winter. Finally, take a soil sample; fall is a great time to add lime or sulfur to adjust the soil pH for spring.
  3. If you have a mild enough winter, you may want to consider cover crops such as clover and rye grass (ask your local garden store for localized suggestions).
  4. Do not fertilize as this will wash away before your spring planting - save your money!
  5. Use time in the fall and winter to sketch out next years garden. Doing this early will help you decide if you should make any adjustments or amend soil in certain areas now.

Part II: The Landscape

• Looking for a little color around your house in fall? try some of these plants to add color to your home with their vibrant fall colors and blooms: American Cranberry Bush - Chrysanthemum - Burning Bush - Iris (re-blooming) - Kale - Pansies (click on each for more information) 

• Or perhaps you are considering your spring flowerbeds. These plants can be planted in the fall to make sure they are established for a spring awakening: Allium - Crocus - Daffodil - Hyacinth - Iris - Tulip (click on each for more information)

• Fall is also a great time to introduce new plants to your landscape. Many of your large plants such as trees and shrubs do best when planted in the spring or fall. Planting in the fall allows them milder temperatures to get established before the winter.

• Now is also a good time to relocate plants that may not be happy in their current location. Also, perennials such as Daylilies, Geraniums, Irises, Lambs Ears, and Peonies may be divided and spread in your landscape for a new bloom next year. Now is the time to clean up your landscape and prep your plants for the winter ahead.

  1. Water all your plants - it may be wet, but they will appreciate a good drink before the ground freezes.
  2. Cut away - cut back perennials and add to the compost bin. If you have any question about the health of the plant, discard the cuts instead. Also cut back any evergreens and shrubs; at this point you are mainly cutting out dead or diseased stems on the plant.
  3. Clear debris such as leaves and pine needles from the base of your plants. Crushed dried leaves can be used to make mulch or compost. Some gardeners may also use pine needles for mulch, however, pine needles can make a more acidic soil.
  4. Dig up the annuals - they have had their moment of glory, add them to your compost bin.
  5. Lawn care - continue to mow your lawn until it stops growing. Make sure to rake leaves to prevent molding and dead spots. You will also want to fertilize the lawn once in the early fall and again after it stops growing.

Flood!

How to prepare for, respond to and recover from a flood.

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Experience is sometimes an unforgiving instructor. At Homecheck we learned devastation caused by flood waters first hand when Cedar Rapids, IA was hit by a massive flood this past June (6/13/2008). Homecheck is parented by the company enlighten technologies™ which includes many other businesses in our family such as Lawchek®, LawyersListings, and HouseList, to name a few. Our headquarters on 1st Avenue in downtown Cedar Rapids was inundated with water after the Cedar River crested at 31.1 feet (19.1 feet over flood stage) to overtake 1,300 blocks of the city.* The first floor was completely lost and the second as well when water reached 4 feet on the upper level. A slow road to recovery, we have learned first hand the destructive power of flood waters. Reflecting on this experience and the items we have learned, we determined to write an article this month about what to do if a flood hits your home or business. We hope many of our readers never have to use the practical advice in this article.

*Specifics taken from articles: http://www.usatoday.com/weather/floods/2008-06-15-cedar-rapids-cleanup_N.htm; http://www.nytimes.com/2008/06/13/us/13flood.html?fta=y; http://en.wikipedia.org/wiki/2005_levee_failures_in_Greater_New_Orleans **Weather data: http://ia.water.usgs.gov/flood/flood.html

Before the Flood
It is not always possible to know when a flood will happen. It may be caused by an inundation of rain fall. Cities in Iowa were affected in this way when the Cedar and Iowa Rivers swelled with over 10 inches of rain in only one week.** This can then be compounded when man-made structures give way. This was seen in New Orleans when 50 levees broke during Hurricane Katrina.* So what can you do to protect your business or home before a flood happens?

• Find out about the land your structure is on. Does it sit on a flood plain? What is the threat level? Geologists or your county planning department will list these areas by the probability of a flood. For instance, Cedar Rapids has areas designated as 100 or 500 year flood plains. The flood in June was a 500 year flood. FEMA Offers flood maps detailing current flood risk. Simply type in your address and you can look at it online. You also have the option to buy a map, but as long as you are looking online, the service is free. http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1

• Now that you know where your home or business stands, what kind of insurance is available? Talk to your insurance agent first. If you want to now more about insurance options, especially in higher risk areas, also check out the National Flood Insurance Program at www.floodsmart.gov/floodsmart/.

• Whether a household or a business, you should have an evacuation plan in place. Let family members and employees know what evacuation route to take if water is rising swiftly and an evacuation is ordered. For households you should include a place for everyone to meet whether it is a local shelter or a relative’s/friend’s house. Also, families should have an out of state contact that everyone may call to locate each other in case they are separated.

• Create an emergency kit to be ready at any time. Depending on the needs (home or business) some items to consider are:

  • Clean water (enough for at least 3 days for every person and animal – generally 5 gallons per person)
  • Nonperishable food for 3 days (don’t forget a can opener!)
  • Suitcase with an extra pair of clothes and extra blankets or sleeping bags
  • Baby Kit - Baby food, diapers and other supplies
  • Pet food, leashes, vaccination info for your pet – you may have to leave your pet at a local pet shelter if you are evacuated as emergency shelters do not allow pets 
  • First Aid Kit – try to include some extra prescription medications (not expired!) or details about any prescriptions so you can refill them if lost in the flood
  • Personal Hygiene Kit – sanitary wipes or gel, soap, toothpaste, feminine supplies, deodorant, etc.
  • Flashlights, radio or small TV, and batteries – you may also consider crank flashlights and radios
  • Some items to have on hand particular to a flood threat: insect repellent, rubber boots and gloves, and thick shoes

• Back up your documents! If you are evacuated due to a flood there are certain documents you will need for claims and getting back on your feet. Keep a copy of these documents with your emergency kit, at a safe location other than your home or both. At the very least these documents should include: insurance information, social security number, and medical records including any active prescriptions. It would also be a good idea to make a list of emergency contact information including family and friends as well as local and state numbers you may need.

• Prepare your business or home to resist flood damage. Suggestions include: install sump pumps with a back-up source of power, install backflow valves or plugs to prevent sewage entering the home, and make sure any fuel or propane tanks are securely and properly installed.

During the Flood

• Once a flood watch or warning is given call local authorities and let them know of anyone who may have special needs and cannot leave the flood area easily. It is extremely helpful for authorities to know who needs help evacuating if an evacuation becomes necessary. Ideally, have a friend or family member who will try to get this person out first if it is still safe to do so. This way there is less chance of separation.

• Get your emergency kit and keep it at hand in case of an evacuation. If you have some prep time before, fill up the gas tank to make sure you can go at a moments notice. If an evacuation is ordered there may be heavy traffic and you may need to go some distance to a shelter.

• Secure any items outside that might become hazards in water such as garbage cans, lawn furniture, grills, etc.

• If an evacuation is imminent: turn off the power and gas. If an evacuation is ordered, evacuate immediately. Use the route the authorities have given and make certain not to drive through flooded roads.

• If you are not ordered to evacuate, stay home and listen to any future announcements. Unless helping a family member or friend for a specific purpose, stay off the roads and out of the way of emergency crews. Going to watch is not helpful and can be potentially very dangerous.

After the Flood

• First you will want to contact your insurance company. Even if you are not covered for a flood, you will need to contact your agent. This is why it is important to keep documentation with your emergency kit. You need to know your company, agent (if applicable) and your policy number. In the case of evacuation, make certain to specify the address and phone of where you can be reached now. This may also be a friend or relative who can act as a point of contact if you are not immediately near a dedicated phone. They will set up an appointment to meet with you and discuss your losses.If they do not get back in a few days be persistent and call again, just keep in mind they may be overwhelmed with claims.

• Work with authorities about your return. Although this part can be extremely frustrating, in the case of major floods they will want to assess the safety of your return before you may enter any neighborhood or structure. Choose representatives, as in the case of Cedar Rapids the first look at the property was restricted to 1-3 people depending on location. The authorities may have also set up a grade system for the status of your structure. In Cedar Rapids there were green, yellow and red signs letting owners know whether a structure was safe to enter, enter only with caution or too dangerous and deemed a total loss.

• Once it has been deemed safe by the authorities for you to return, start the process of sorting your property. Do not throw out all items as you will need your insurance agent to see these. However, if the items are considered too toxic to keep around, get pictures and samples of the items before disposing of them. Make sure to take all precautions necessary before entering a flood damaged building! Click here for more details.

• Take many pictures of the inside and outside of your structure before cleanup. Photograph any standing water, items that have to be disposed of immediately and general survey pictures of each room. Also, take pictures of the items that will have to torn out such as the walls, floors, etc.

• Make a list of all damaged and lost items. This will help when you work with your insurance agent to process your claim. With your agent you will make a Proof of Loss. This statement is your testimony to the damages suffered. It should be filed within 60 days unless circumstances have allotted more time. Once this is filed with your insurance company your claim will be processed, however, it may take some time if the area was hit especially hard.

After the Flood: Home and Family Recovery – Working with FEMA

• FEMA stands for the Federal Emergency Management Agency. As they state on their website they define their type of disaster assistance as “money or direct assistance to individuals, families and businesses in an area whose property has been damaged or destroyed and whose losses are not covered by insurance. It is meant to help you with critical expenses that cannot be covered in other ways. This assistance is not intended to restore your damaged property to its condition before the disaster.” In essence they are there to help those who could not or did not get flood insurance.

• Items FEMA will cover are: temporary housing in the instance of evacuation or unlivable conditions, repair for what the insurance company will not cover (this is just until the home is safe, not necessarily with the same materials as before), and permanent housing construction. This last is only available to those who cannot get flood insurance at all due to location.

• FEMA can help with recovery costs that are not directly related to the home. These additional expenses can only be claimed if you live in a disaster area as designated by the President, you have already filed with your insurance company and find you are not covered, and you have serious needs directly related to the disaster. Some of these costs listed on the FEMA website include:

  • Disaster-related medical and dental costs.
  • Disaster-related funeral and burial cost.
  • Clothing; household items (room furnishings, appliances); tools (specialized or protective clothing and equipment) required for your job; necessary educational materials (computers, school books, supplies).
  • Fuels for primary heat source (heating oil, gas).
  • Clean-up items (wet/dry vacuum, dehumidifier).
  • Disaster damaged vehicle.
  • Moving and storage expenses related to the disaster (moving and storing property to avoid additional disaster damage while disaster-related repairs are being made to the home).
  • Other necessary expenses or serious needs as determined by FEMA.
  • Other expenses that are authorized by law. http://www.fema.gov/assistance/process/assistance.shtm

• You can reach FEMA by calling 1-800-621-FEMA (3362) or TTY 1-800-462-7585

• When making any claim, you should have the following at hand: your social security number, current and damaged address, current phone contact, insurance information, household annual income, routing number to your bank to receive funds, and a detailed description of the losses.

• You may be referred by FEMA to SBA which offers low-interest disaster loans. “Homeowners may borrow up to $200,000 for disaster related home repairs. Homeowners and renters may borrow up to $40,000 to replace disaster-damaged personal property including vehicles.” However, you can not receive duplicated aid already received from FEMA.

• To find currently approved disaster areas you can go online: http://www.fema.gov/news/disasters.fema

After the Flood: Business Recovery – Working with SBA

• SBA stands for the Small Business Administration which has a specific branch for disasters the Office of Disaster Assistance (ODA) that offers federal low-interest, long term loans for “homeowners, renters and non-farm businesses.” An Economic Injury Disaster Loan (EIDL) is available to small businesses specifically geared towards helping with day to day expenses so a business may continue to operate.

• SBA can release disaster loans if one or more of the following conditions are met: Presidential Disaster Declaration, • • Agency Physical Disaster Declaration (based on a minimum amount lost), Governor Certification Declaration, Secretary of Agriculture Declaration, Secretary of Commerce Declaration, or Military Reservist Economic Injury Disaster Loan (for businesses that lose key personnel who are called to active duty).

• For Physical Disaster Loans which help replace an uninsured or under-insured property, an inspection team from SBA’s ODA will review the site and claims.

• Applicants do have to show some reasonable ability to pay back the loans. However, since they are low-interest and can be as long as 30 years, they are easier to qualify for than standard loans.

• Especially with real estate, the SBA’s ODA will continue contact with the borrower to make certain construction is on schedule and funds are being used appropriately.

• You can reach SBA by calling 1-800-659-2955 8am-9pm EDT. Or email them at disastercustomerservice@sba.gov.

More Information

FEMA and the American Red Cross have made a pamphlet entitled Repairing Your Flooded Home which is available as a PDF. A great resource, page 55 has a very useful emergency contact list as well.

  • Click here for Repairing Your Flooded Home by FEMA and the American Red Cross (PDF)

Additional pointers from Homecheck:

  • Cleaning Up after a Flood (HTML)
  • Battling Mold after a Flood (HTML)

Some Ways to Help Our Neighbors

Downtown Cedar Rapids, Iowa on Sunday, June 15, 2008 after the waters have started to recede.

Aidmatrix Network - Iowa
The Safeguard Iowa Partnership and the Iowa Disaster Human Resource Council have partnered to provide the Aidmatrix Network, an easy way to make monetary and product donations to the nonprofit organizations that are assisting in the response and recovery efforts following recent disaster events in Iowa.

Cedar Rapids Czech & Slovak Museum
www.ncsml.org
The National Czech & Slovak Museum & Library staff and board continue to work through the challenges of flood recovery. Our five museum buildings are cleaned out and secure. Visitors from across the country have been calling to plan summer visits. Some have already made their way here and are shocked and dismayed to find a sight they never expected - boarded up buildings, sandbars in the garden, and piles of debris. We are assuring them we will survive and be back in business, but it will take time. To us it's surprising there's still a world out there that doesn't know about the flood!

Cedar Rapids Public Library
Our public library lost all of the first floor which included books and magazines for adults.The children's book section was mostly recovered. They are currently looking for temporary space: "07 July 2008 - Librarians are compiling a list of books and other materials that the CRPL’s book distributor will hold until the library has a place to put them. The books will arrive pre-processed, which means that staff will be able to shelve them immediately, saving an enormous amount of time. Once the list is compiled, individuals will have an opportunity to select a book from the list to donate. “Many of our patrons and supporters have been asking what they can do. This will be a way to help rebuild our library,” says Glise. “By fall, we hope to have a wish list available.”

Corridor Recovery
Corridor Recovery is a not-for-profit partnership between government, civic, business and faith-based organizations, created to respond to the Flood of 2008. As the flood waters peaked, Corridor Recovery quickly became the primary resource for materials and information for Linn County and Cedar Rapids. We provide resources for local governments and agencies to distribute flood-recovery information to the public in a critical time of need, and to coordinate volunteer efforts in the clean-up and recovery process.

Greater Cedar Rapids Community Foundation
www.gcrcf.org
The Greater Cedar Rapids Community Foundation opened the Flood 2008 Fund on June 15. The Flood 2008 Fund is for flood relief and recovery donations. One-hundred percent of financial donations to the fund will support response, recovery and rebuilding efforts throughout the Cedar Rapids-metro and surrounding communities. The first priority will be to work with local nonprofit organizations to support individuals and families affected by the floods. The GCRCF is committed to helping individuals, families and the nonprofit community recover and rebuild from the catastrophic flood.

Embrace Iowa 2008 Disaster Fund
Embrace Iowa is a program of statewide outreach by the Des Moines Register. Since it already has an established logo, identity, and donation tracking mechanism, the Iowa Disaster Collaborative is using the Embrace Iowa website as one way for donors to make a donation and learn more about the 2008 Iowa Disaster Fund.

Iowa Commission on Volunteer Service
If you are interested in helping in a particular area of the state, please use this section of our Web site to get in touch with local officials, who are collecting a list of where and when volunteers are most needed.

University of Iowa Foundation
For those wishing to support the University as it struggles to recover from flood-related damage not covered by insurance or other resources, we encourage contributions to the UI Flood Relief Fund.

Sources for this article which include even more detailed information:

Center for Disease Control
CDC.gov (www.cdc.gov) is your online source for credible health information and is the official Web site of the Centers for Disease Control and Prevention (CDC). CDC is committed to achieving true improvements in people’s health. CDC applies research and findings to improve people’s daily lives and responds to health emergencies—something that distinguishes CDC from its peer agencies. Working with states and other partners, CDC provides a system of health surveillance to monitor and prevent disease outbreaks (including bioterrorism), implement disease prevention strategies, and maintain national health statistics. CDC also guards against international disease transmission, with personnel stationed in more than 25 foreign countries

FEMA – Federal Emergency Management Agency
http://www.fema.gov/
FEMA has more than 2,600 full time employees. They work at FEMA headquarters in Washington D.C., at regional and area offices across the country, the Mount Weather Emergency Operations Center, and the National Emergency Training Center in Emmitsburg, Maryland. FEMA also has nearly 4,000 standby disaster assistance employees who are available for deployment after disasters. Often FEMA works in partnership with other organizations that are part of the nation's emergency management system. These partners include state and local emergency management agencies, 27 federal agencies and the American Red Cross.

National Flood Insurance Program
http://www.floodsmart.gov/
Congress established the National Flood Insurance Program (NFIP) to address both the need for flood insurance and the need to lessen the devastating consequences of flooding. The goals of the program are twofold: to protect communities from potential flood damage through floodplain management, and to provide people with flood insurance.

SBA – Small Business Administration 
http://www.sba.gov/
The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace.

Got Attic Mold? How to Diagnose Common Sources.

It happens to countless homeowners around the end of the year – you make the annual visit to your attic to collect the holiday decorations and what do you find?

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Got Attic Mold? How to Diagnose Common Sources.
By Mark D. Tyrol, P.E./Battic Door Energy Conservation Products

It happens to countless homeowners around the end of the year – you make the annual visit to your attic to collect the holiday decorations and what do you find? Spots and blotches covering the bottom of the roof sheathing. Worse yet – it turns out to be attic mold! What does energy conservation have to do with mold in the attic? Well if you take a step back and consider how the house behaves as system, they are often directly related. Building science experts have long been using the “house as a system” approach to diagnose the cause and origin of building defects. For example, ice dams. These are often caused by warm air seeping into the attic which causes the snow and ice on the roof to melt. The water drains to the edge of the roof (which is colder than the rest of the roof because it is an overhang and not warmed by the attic), freezes and creates an ice dam. As this process is repeated daily, the ice dam grows larger. Eventually water is forced under a shingle where it can seep into the house. Understanding how the house behaves as a system and the various causes and effects is necessary to diagnose most building related problems. But how about that attic mold? How did it get there? Mold requires chronic moisture to form and to thrive, so source(s) of moisture must be present. Possibly the moisture came from outdoors. The roof is newer and a quick check of the roof shows no obvious damage or leaks. Possibly the moisture came from indoors. During the heating season, the interior of the house frequently has high moisture levels, especially bathrooms and kitchens. A quick check shows that all bathroom fans, kitchen vents, etc. are properly ducted completely outdoors and not into the attic. The amount of insulation looks good and the attic is well ventilated. Don’t give up – you are almost there! Remember the house as a system? You know that warm, moist air is in the house, but how is it getting into the attic? By air leaks! Air leaks are the leading source of energy loss in most houses, and a frequent source of chronic moisture that can cause attic mold. Most homeowners are well aware of air leaks around windows and doors (especially old ones), but many overlook the numerous gaps leading directly into the attic! Have a look around the attic and you may find large gaps around recessed lights and fans, holes where wires or pipes are installed, even large gaps around the chimney. And don’t overlook the whole house fan and especially the folding attic stair - a big, uninsulated hole in your ceiling that is often overlooked! These gaps can add up to a large hole that allows warm, moist air from the house to flow right into the cold attic. The warm moist air condenses on the cold roof sheathing, creating chronically damp conditions that can lead to attic mold growth. And the energy loss – it can be like leaving a window open all winter long! Seal these air leaks and you stop a significant moisture source. And just think of all the energy you can save and the cold drafts you can stop! Mark D. Tyrol is a Professional Engineer specializing in cause and origin of construction defects. He developed several residential energy conservation products including an attic stair cover and a fireplace draftstopper. To learn more visit www.batticdoor.com