How do I plan for buying a house?
As a Bankruptcy attorney, unquestionably the top goal of most of my clients is to buy a home. Home ownership is a great wealth creator as well as something that brings great personal satisfaction, but it can come with risks and planning ahead is always the right strategy. First, if you have had...
Innocent credit card charges before a Bankruptcy are not a good idea.
As people start to struggle to make their financial ends meet one of the things that people want to do is keep their lifestyle as normal as possible even when the money to do so is not there. So, the natural reaction is to turn to credit cards. Once upon a time you were using them for big needs...
Financial Difficulties can be a Symptom of Mental Illness.
In our post-Covid world we are all reconciling ourselves to new realities. One of those realities is that many of our loved ones are suffering from illnesses of despair. Why would a Bankruptcy attorney be talking about mental illness? There is no Bankruptcy attorney who has been practicing f...
To be served or not to be served (with a lawsuit)…that is the question.
When you owe money to someone, their options to recover that money are generally legal in nature. If the debt is unsecured (such as medical bills, or credit card debt), that legal process starts with being “served” with the lawsuit to provide you notice of your right to defend. Most people unde...
Scam Alert: Not all attorneys are attorneys.
Hi Folks, So, a very nice young man just left my office who was the victim of an online scam. Collection agencies are not above using aggressive tactics to get you to pay on an old debt, but generally speaking they are actual companies who have actual relationships with your creditors. Unfortu...
Student Loans are a mess, but sometimes we have to deal with the mess.
Hi Folks, As we close out 2023, student loans have reared their ugly head after 3 years of Covid hiatus. Unfortunately, what should have been an expected transition from forbearance to monthly installment payments is turning into a bureaucratic nightmare for many people. This is causing some p...
Artificial Intelligence: A Cautionary Tale
There seems to be no doubt that Artificial Intelligence (AI) will make a significant change to our society soon. Many professions will see significant changes. Everything from medicine, accounting, to the legal profession will see a change the way that business is conducted. The legal professi...
Savings is not about wealth building; It’s about emergency preparation.
“Into each life some rain must fall, some days must be dark and dreary.” Henry Wadsworth Longfellow. I love that Longfellow quote because it sums up one of the quintessential truths of life. There will be unforeseen problems. You can't avoid them. But you can prepare for them. Right now, ho...
Debt Elimination using the Snowball Method or the Avalanche Method might get you buried under the snow.
Hi Folks, So, there are lots of strategies on the internet for getting out of debt. As a Bankruptcy attorney for over twenty years, I've heard all of the stories. Let me start by saying that any attempt to get out of debt is a good thing, but you have to be realistic at the outset, or the whol...
One phone call scam can turn into financial ruin.
Hi Folks. I've practiced Bankruptcy law for over 25 years and I've found that most people who have never experienced Bankruptcy believe that the cause of Bankruptcy is almost always related to personal failures. I can tell you that the vast majority of my Bankruptcy clients ended up in Bankru...
Things you shouldn’t do with your credit cards.
Hi Folks, So, the current economic outlook is not good. While that might not come as surprise, some of the numbers are truly staggering. Now that we have come out of the Covid-19 pandemic, certain realities are starting to take shape. During the pandemic, surprisingly people actually were abl...
Having cash for an emergency is vital to your financial health.
For years the advice was to have an emergency reserve of cash savings to handle unexpected expenses. In the old days, we used to call this the “coffee can fund”. The idea was that you would put a few dollars into a coffee grounds tin each month until you (hopefully) got to the magical figure of...
If you suffer from bipolar disorder, your mental health can affect your financial health.
As a Bankruptcy attorney for over 20 years, one of the most common stories that I will hear from clients is how they went on a spending spree without even knowing why they did it. After establishing some trust with the client, they eventually confide in me that they suffer from bipolar disorder....
Can an old-fashioned budgeting hack be a good post-Bankruptcy strategy?
Recently there have been a lot of articles related to “cash stuffing” which was a method of budgeting popularized in the 1990's but which has been making a big comeback with Gen Z through social media users. Essentially, cash stuffing is a way of cash-only budgeting that can be very effective. ...
Cars and Bankruptcy: Part 2 – Should I buy a car after Bankruptcy?
A client recently called me to express his frustration at how many car dealerships were soliciting him to buy a car while he was in Bankruptcy proceedings. He thought nobody would lend to him after the Bankruptcy, and in truth, the opposite is actually true. Why is that? Well, first of all, ...
Cars and Bankruptcy: Part 1 – Should I keep my existing car?
When you file for Bankruptcy, you have to make a lot of hard choices. One of the hardest choices is whether or not to keep your existing car. There are several factors that come into play here. First, you have to remember that, in most cases, if you want to keep your car, you are going to have...
Should I borrow from my 401(k) or should I file for Bankruptcy to get out of debt?
Hi Folks. We get this question all the time. Many 401(k) (and other retirement plans) make it super easy to borrow against them for all sorts of personal needs. Right now, the average working age American (aged 25-40) is carrying $27,251 in non-mortgage debt. So when you are looking at those ...
Paying monthly mimimum on credit card debt is not a plan for success.
If you are not working, resist the temptation to get into more debt. Once upon a time getting a credit card was a big deal. I remember my Dad getting a Diner's Card in the 1970's and he was very proud that the qualified for a card that was of extremely limited use. Today, we read about stories...
Renting a home while in Bankruptcy: the Legal and the Practical.
When you file for Bankruptcy, the case can last several months (e.g. Ch. 7) or several years (e.g. Ch. 13). During that period of time, your circumstances can change. Specifically, it is not unusual for you to want to find a new place to live. So, this can present a problem. The internet is a...
Bankruptcy after the Pandemic
As life begins to get back to normal after the years of life altering affects of Covid-19, we have to start figuring out solutions to the financial damage that many people experienced.Many people faced serious financial issues as a result of the pandemic that are often not being felt until now.Ye...
The time to find out if Bankruptcy is right for you is sooner rather than later.
Hi Folks, So, let's face it; nobody wants to admit that they are in financial distress, and nobody wants to think that Bankruptcy is the best option for them. In over twenty years of Bankruptcy practice, the vast majority of people wait until the last minute, when all other options have been ex...
A Bankruptcy Attorney’s Advice on How to Deal with Scam Collection Agencies
Hi Folks, So, this morning I got a call from a long-time friend and he said that he got a call from a collection agency claiming that he owed a debt from many years ago and they were pursuing legal action against him. This particular friend has really cleaned up his financial situation of the p...
When it comes to Bankruptcy attorneys, local is better.
When you are looking for a Bankruptcy attorney you typically go to your web-based search engine and type in “Bankruptcy attorney near me”. The irony of this search term is that, more often than not, it will send you to the web site of a Bankruptcy attorney who is NOT near you. Bankruptcy is a v...
Can I buy a house after a Bankruptcy?
This is probably the #1 question that I get at some point during my representation of a client. Here is the short answer: YES. You can buy a home after filing for Bankruptcy. In fact, you can both sell or purchase property while you are in Bankruptcy (with prior court approval), so by definit...