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…

Jul
28

Moving Upstairs!

We are in the process of moving upstairs, and boy, it will be an improvement! It’s a lot brighter, a lot more spacious, and more friendly. The waiting lobby will be very soothing, so that you will not be worried about anything in the bankruptcy process. Pictures will be coming soon, stay tuned!

Jul
27

Travel Plans!!!

 

 

 

Little Chap would like to visit many places. So far he has visited the pool many times, the Palm Desert, and I’m sure  many glove boxes. He would like to get out and explore the world, well, Colorado at least. He does have a trip planned to Hawaii in September, and Europe in September/October. September and October will be busy for sure! What about after or before that, we don’t know where he will end up. Help him on his travels by taking pictures of where you and he visits. He likes to scrapbook!

Remember JudeLaw for all your bankruptcy and personal injury needs! 303.757.5833 Bankruptcy as low as $499. On all personal injury cases, we don’t get paid until you get paid! JudeLaw, people helping people.


Jul
27

11th Annual Colorado Dragon Boat Festival!

11th Annual Colorado Dragon Boat Festival!

Dragons, boats, and festival, oh my! I know that doesn’t work out like it does in The Wizard of Oz, but it was worth a shot…The 11th Annual Dragon Boat Festival is going on this weekend, from 10-7 on Saturday, and 10-5 on Sunday. This is an exciting festival that people of all ages will enjoy. There’s boat racing, a festival, a hip-hop stage, food, and much more! The event is at Sloan’s lake, and there will be parking for $5 at Invesco Festival, with free buses to the event. You can always check out their website for more information. Of course you can always hit up the 1st ever Denver County Fair. We hope that you get out and enjoy these great events that Denver has to offer!

Remember JudeLaw for all your bankruptcy or personal injury needs. 303.757.5833

Jul
27

First Ever Denver County Fair!

There’s the Denver County Fair in town from July 28-July 31st. I know most of you probably haven’t heard about it until recently. That’s because there never was one. The land was purchased back in the 1800s, but we just had to fight amongst ourselves in the Civil War. The land is now the current City park, although the fair will be held at the National Western Complex. It will be celebrating the good old days, while being in a modern metropolitan. For more details, you can always visit their site: http://www.denvercountyfair.org/ . We hope you have a great time there. I will be writing about the exciting 11th Annual Dragon Boat Festival. Cheers!

This image is from http://www.denvercountyfair.org/.

 

 

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