Jan
20

Bankruptcy and the Economy: What does “exempt” mean

Can you imagine filing bankruptcy and losing everything? Thank goodness there are certain exemptions; otherwise we would all be living under bridges with nothing but the shirts on our backs.

So what does “exempt” mean when filing bankruptcy? A debtor is allowed to keep certain items, like household goods and personal items, and in some cases, a debtor’s home under the homestead exemption. Each state has different rules, and some states are known for being more forgiving than others.

There have been studies done that show that a state that is easier with their exemptions can actually improve the economic growth. Business owners are attracted to states that are more liberal with their exemptions because they know if their business fails, they won’t be completely impoverished if they have to file bankruptcy.

The Bankruptcy Code is to encourage new financial beginnings. What would be the point of people declaring bankruptcy and losing everything? In Colorado, state statute says you can keep your house, your car, jewelry, and tools. Of course not everything is exempt. If you have luxury items like extra cars or valuable paintings, those might be given to the trustee to have auctioned to help pay off your creditors. The point here is to not leave you destitute.

A good bankruptcy attorney will do what he can to make sure you keep most (if not all) of your property. Make sure you talk to your attorney and disclose everything so he can help you the best way possible.

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

Jan
13

My lender is making it hard to pay!

My lender is making it hard to pay!

Trust me we know and hear it all the time!

You may have tried every way to avoid it, but you finally decided that you had no choice and you file bankruptcy.  You may be thinking that you want to continue to pay some creditors, like your house payment and your car payment.  But when you go to make a payment online, or set up a funds transfer and you find that your lender won’t take it.  Puzzling…….   There is a reason why lenders won’t take automatic payments, or continue to draft payments that you always paid a certain way.  The reason is based in the automatic stay provisions of the Bankruptcy Code, which is one of the most powerful protections offered by the  Bankruptcy Code.

The automatic stay provided for in section 362 of the Bankruptcy Code is in fact a court order that goes into effect, automatically, as the name would suggest, when the case is filed.  The automatic stay prevents creditors from taking any action to collect a debt, including asking you to make a payment or draft your bank account.  So, in order to avoid even a technical violation of the stay, lenders will stop sending bills, stop drafting payments, and even stop allowing you to make online payments.  The court is protecting you and the creditor is protecting themselves.  They want you to make the payments but you have to revert back to the good ole days of writing a check and sending it in an envelope with a stamp.

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

 

Jan
13

Bankruptcy: A Time Line

There is a certain amount of urgency when filing bankruptcy because of the importance of when things get submitted and processed.

At the time of a bankruptcy filing, the courts are looking at the financial situation of a client at that point. Required documents include those prior to the date of filing, in addition to what lies ahead.

When a client files bankruptcy, he needs to fill out the statement of financial affairs. At that point the courts are looking to see what has happened financially over the past however many number of years.

What is the “means test”? Under the new law, a person must pass the means test in order to file Chapter 7 bankruptcy. The means test looks at the last 6 months of income previous to the date of filing and takes an average. So what happens if you are unemployed at the time of filing, but worked the previous 6 months? Would your income be considered zero? No, because you had worked the previous 6 months and that is what they are looking at. The date you file then becomes quite important.

Our lives are not static; we are constantly moving. As with our lives, the same happens with our finances. We get mad at our bank and close our account and open a new one. Something happens with the stock exchange and suddenly the stocks you have are now worth six times what they were before. Each change can impact your bankruptcy, changing your rights, and those of your creditors.

Let’s revisit exemptions. While most of the time you can keep your house, car, jewelry, and tools of the trade, if over the course of the months between when you filed and when you have your hearing you put your name on the title of someone’s house as a co-signer, now that house might be susceptible to your creditors in your bankruptcy.

In the event that you are unable to come up with your filing fees for your attorney or you have lack of funds due to some emergency, and you have to put off your bankruptcy filing for a bit, be ready to prepare the same information you may have already given your attorney. It is important that the information provides a current snapshot of your finances, so the most current information is crucial.

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

Nov
12

Do Bankruptcy Laws Vary By State?

Do Bankruptcy laws vary by state??

Simply stated, no. Bankruptcy is a federal law, so no matter what state you file in, the laws are the same. The only thing that changes are your exemptions. Of course you have to live in the state in the past two years for that state’s exemption to apply to you. A great example is this: If I lived in CA for a year and a half, decide to move to CO, and then decide that I need to declare bankruptcy, I am under CA exemptions for bankruptcy. Of course figuring out exemptions should be done by an attorney. Give us a call for a free consultation at 303.757.5833 to inquire more about this.

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

 

Nov
12

The Good, The Bad, and The Ugly…

The Good, the bad and the ugly as it pertains to bankruptcy…

As we all know, there are several side effects to bankruptcy, some good, and some ugly. Here are all the possible side effects I can think of. Let’s start with the bad and the ugly since that’s what people think of.

The good: It takes money to make money, well, sort of. Filing bankruptcy costs money. Whether you represent yourself (be very well prepared if you do) or have an attorney represent you. Now I say that it takes money to make money, sort of, once your debts are discharged(chapter 7) or reorganized(chapter 13), you will come out way ahead in terms of how much money you’re saving for yourself instead of throwing it away at this black hole called debt. Extra money is a good thing! According to the bankruptcy courts(and us), it’s called a “Fresh Start”.

The bad: You think people will look down on you, and think you’re a bad person. This does not make you a bad person at all, you simply just got in over your head. In reality, the people you think are looking down on you have probably filed bankruptcy themselves.

The ugly: The bad thing about bankruptcy is that it will stay on your credit report for up to ten(10) years. It depends if it’s a 7 or 13 of course. This will make it hard to get certain types of credit initially. When you do get credit, your interest rates will be higher. That shouldn’t matter though because you will be paying off any credit cards in full every month. While this is the ugly, don’t worry about it. Time and financial smarts will heal all. Just make sure that you don’t do what you did before(if you were in control) and it shouldn’t happen again.

While this isn’t a complete list, these are the main points in the side effects of bankruptcy. Don’t worry, it’s a step in the right direction.

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

 

Sep
07

What is the Means Test?

This is an explanation of the means test, as pulled from Wikipedia.

 ”Means testing “refers generally to the eligibility for relief for debtors who have sufficient financial means to pay a portion of their debts.” The means test is perhaps best recognized in the United States as the test used by courts to determine eligibility for Title 11 of the United States Code Chapter 7 or Chapter 13 bankruptcy.
During the Great Depression, the test was used to screen applicants for such programs as Home Relief in the United States, and starting in the 1960s, for benefits such as those provided by the Food Stamp Program.

In 1992, third-party Presidential candidate Ross Perot proposed that future Social Security benefits be subjected to a means test; though this was hailed by some as a potential solution to an impending crisis in funding the program, few other political candidates since Perot have publicly made the same suggestion, which would require costly investigations and might associate accepting those benefits with social stigma.

In 2005, the United States substantially changed its bankruptcy laws, adding a means test to prevent wealthy debtors from filing for Chapter 7 Bankruptcy. The most noteworthy change brought by the 2005 BAPCPA amendments occurred within 11 U.S.C. § 707(b). The amendments effectively subject most debtors who make an income, as calculated by the Code, above the median income of the debtor’s state to an income-based test. This test is referred to as the “means test.” The means test provides for a finding of abuse if the debtor’s income is higher than a specified portion of their debts. If a presumption of abuse is found under the means test, it may only be rebutted in the case of “special circumstances.”

Debtors whose income is below the state’s median income are not subject to the means test. Notably, the Code-calculated income may be higher or lower than the debtor’s actual income at the time of filing for bankruptcy. This has led some commentators to refer to the bankruptcy code’s “current monthly income” as “presumed income.” If the debtor’s debt is not primarily consumer debt, then the means test is inapplicable.

Thus, the means test is “a formula designed to keep filers with higher incomes from filing for Chapter 7 bankruptcy. (These filers may use Chapter 13 bankruptcy to repay a portion of their debts, but may not use Chapter 7 to wipe out their debts altogether.)” The bankruptcy means test is rather complex but quite generous and most debtors have no trouble meeting its requirements. Consumers can use a means test calculator to determine their eligibility. Others have suggested that the means test is not all that fair or equitable, and have somewhat cynically pointed out that the reference to consumer protection in the bankruptcy act is ironic at best, since those with primarily consumer debt are required to pass a means test while businesses are not. What is undeniable is that it is complex, and the terms that govern many parts of it – including those terms that control whether it applies at all – are of unsettled definition.”

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

 

Aug
22

Are Your Finances In Order?

Are your finances in order??

Many Americans out there have no idea how much they are spending on a monthly basis. Many live month to month and some wonder why they are going down the financial spiral. It’s because there is no budget in place. Most people have no clue, or are too busy to make a budget, but it should be a necessity in everyone’s life, or it may eventually lead you to bankruptcy. Let’s explore why a budget is good, and how you can determine what to do if finances are out of control.

A budget is simply a guideline and map for your money. You need to know how much you have, and where it goes in your life. It is not meant to restrict you from having a social life.  Here are a few traits on budgeting before we get into a simple budget.

A POSITIVE Attitude: Don’t focus on the dull-drums , it will discourage you and turn budgeting into a chore. Instead, think of what can you achieve? Can you get out of debt faster, go on that vacation you always wanted, or simply put more towards retirement? These all outweigh the time invested in making a budget, and will reap great rewards and happiness in the end.

Stay MOTIVATED: This builds upon the previous topic. How does one stay motivated? By reward. I don’t mean whipping out that credit card, or rewarding yourself every time you’re ahead of schedule, instead, reward yourself by achieving that goal that much faster, such as paying off a credit card. After you achieve that goal, then you can reward yourself with something bigger.

Keep REALISTIC Expectations: Remember, life is a marathon, not a sprint. The same goes for budgets and achieving your goals. If you set the bar too high and miss, you will become discouraged and won’t believe in the word “Budget”. Instead, take baby steps.  We do that with every other part of our life, why can’t you do it with a budget? Don’t feel bad when you feel that you are starting low, it’s starting, and that’s more than most people. You can snowball to bigger goals eventually.

Those are all mindsets that you must keep. They will help you out a lot. Now if you see that you’re spending way more than you think, then you may need to pick up a second job, sell your belongings, or maybe even declare bankruptcy. While bankruptcy is not a bad thing, look at all the famous people declaring bankruptcy, it’s certainly not where people want to end up. So…BUDGET!

Let’s look at a simple budget, hopefully it makes sense and inspires you.

Bob Joe’s Monthly Budget

Gross Income: $2000
Net Income: $1700

Rent: $700
Utilities(water, electricity, trash): $55
Household expenses(Food, maintenance, etc…) $350
Car Payment: $320
Insurance: $150
Cell Phone: $60
Internet: $35
Credit Cards: $130<
Entertainment: $100

Grand total: $1900
DEFICIT of $200

As we all can see, he is over-spending.  We all know that means one is in debt. He also has credit card bills, which means he is paying for stuff now, with interest, that he enjoyed in the past. Think of it as losing the fat now, for all the McDonald’s you ate 7 months ago. It’s not healthy! This means that his payment in his budget is going to go up, which will affect something else, and he may possibly be using his credit cards to extend his budget, which is more overspending.

This guy has a few options he can consider. He can get a second job, which in this economy, is not so easy to come by. He can sell his car, which would reduce his insurance premium as well, or his belongings. The last option is that he can declare bankruptcy. This would definitely get his budget back in order, but would have lasting effects. You can call us and determine which is best for you, or simply make a budget and determine which you feel most comfortable with. Hope this helps. Happy Budgeting!

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

 

 

Aug
22

Bankruptcy is a Complicated Thing.

Bankruptcy….is a complicated thing!

There are many misconceptions about bankruptcy. Why are there so many, you ask. It’s because the verbiage of all the laws written by the Federal Government. They make it sound complicated, and you may  feel that you are looked down upon. This is not the case. No one wants to come to this road, but sometimes it is necessary for health and well being. Don’t feel like you will be looked down upon if you decide to file bankruptcy. Consider it a fresh start. Here are a couple of misconceptions that I had before I decided to go through with bankruptcy.
*Bankruptcy is bad and everyone will look down on me.
This isn’t the case. I found that many people were supportive of my decision, and in fact have been through bankruptcy as well. It wasn’t a bad decision at all. When I decided to go into JudeLaw for my free consultation, and declare it, I felt my whole body flutter a sigh of relief. All that stress left me, and I suddenly found myself smiling a lot more, and realizing that not declaring bankruptcy was bad for me. The ones truly close to you will support you in your decision. Call us today to get your fresh start!

*I have to go to court and sit in front of a judge.

While it’s true that you have to go to court, don’t think of it that way. It’s not like the courtrooms you see on TV. There is no judge looking down at you, only a Trustee, who sits at your level, asking you some questions. There is no dressing up in formal wear, just wear your normal clothes, since it takes only a few minutes. It really is a non-stressful event.

Of course there are many more misconceptions. If you have any questions, call us at 303-757-5833!

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

Aug
22

Motor Vehicle Accidents

Motor Vehicle Accidents

Motor vehicle accidents are a horrible thing that happens in life. Whether it be car, truck, or motorcycle, an individual or multiple individuals will get injured or worse.  After the accident, what’s even worse is dealing with the insurance companies and health problems. Insurance companies strong arm individuals and bodies don’t quite recover.

What to do do about this? Well, the first thing would be to seek medical help, whether it be a doctor or a traumatic injury care specialist. Most people would think first to see a doctor, but that may not always be the case. Doctors are great, but they refer out for physical therapy. A traumatic injury care specialist is usually a great alternative to a doctor. The reason being that they specialize in that type of care, hence the name title, and aren’t inundated with clients, slightly to drastically reducing the care that they provide. They provide many services at their office, including but not limited to: Physical therapy, chiropractic care, acupuncture, and rehab. Some clinics even may have a doctor on staff.

Insurance is usually a whole different animal, and fighting them seems like David vs. Goliath. They are huge companies. Granted that having insurance is usually a good bet, they have adjusters who are employed by the company, and therefore have the company’s best interest. With that being said, they will usually find anything to get out of paying benefits, or providing very minimal coverage. No one should go through fighting them by themselves. That’s where a lawyer comes into play. Always seek legal advice to see if you have a case, and you usually will if you have been injured. For a legal consultation or references for a traumatic injury care specialist, call us at 303.757.5833.

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…




Jul
28

Heat Wave!

Boy is it hot outside!

Heat, while enjoyable near a pool, not the case for riding motorcycles, or in a car with no A/C.  I bring this up because there are a few things to keep in mind during heat waves:

-Remember to stay hydrated with H2O(helps maintain body functions, including concentration).

-Wear sunscreen(sun or not, there are dangerous UV rays).

-Do move to a cooler place when feeling warm or faint.

-Limit outdoor activity until cooler, or enjoy if there is a lot of shade.

We provide these tips because many accidents happen while it’s hot outside. Tempers rise with the heat, and people are prone to more aggressive driving. Sometimes the driving can be so aggressive, that it leads to an accident. Please take these points into account, they may help save a life(or two). If you know anyone who has been injured in an accident, please don’t delay, call us today for help at 303-757-5833

This is for informational purposes ONLY. We are not providing legal advice. For information specific to your case, call for your free consultation TODAY!

JudeLaw, people helping people…

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