At any age, you might receive a diagnosis that changes the course of your life and leaves you unable to work. When that happens, you might be able to qualify for disability benefits in Pennsylvania, if you meet the right age requirements. While you can be quite young to qualify for disability benefits in Pennsylvania, most individuals are not eligible until they have worked for at least a decade. The cut-off age for disability benefits is 67, after which point your monthly payment will stay the same amount but have a different name under the Social Security retirement benefits program. If you worked your whole life and applied for disability benefits in your late 60s, you may qualify for the maximum monthly benefit. If you’re too young to get disability benefits yourself, you might be able to receive payments through a parent’s earning record. If you need access to disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954. At What Ages Do Disability Benefit Start and Stop in Pennsylvania? In order to qualify for Social Security Disability Insurance (SSDI) benefits in Pennsylvania, you must have a good earning record and a qualifying condition. Essentially, you must have had a job, or several, to qualify for disability benefits. Because of that, age can play a factor into whether or not a person is eligible for disability benefits in Pennsylvania. Generally, people can only get disability payments through their own earning records when they’ve worked for about ten years, the equivalent of earning about 40 work credits. So, the youngest you can be to get SSDI benefits through your own earning record really depends on when you started working. The oldest you can get SSDI benefits is retirement age, or 67 years old for anyone born after 1960. That doesn’t mean your disability payments will stop once you reach a certain age. Instead, they will convert into different Social Security retirement payments and stay at the same amount. If you’re within the right age range to receive SSDI benefits and believe you qualify, call our Philadelphia disability lawyers to learn if you’re eligible. At What Age Can You Get the Maximum Monthly Benefit in Pennsylvania? The older you are when you apply for disability benefits in Pennsylvania, the higher your monthly payment may be. That’s because people with a longer work history and earning record are the most likely to qualify for the maximum monthly benefit in Pennsylvania. You qualify for Social Security Disability Insurance benefits by paying into the system over time. From each paycheck, your employer must take out taxes for Social Security. The more paychecks you get, the more taxes are taken out. This earning record is part of what ultimately qualifies you for SSDI benefits. There’s no need for you to do anything other than work; it’s your employer’s responsibility to account for Social Security taxes. This process is what determines your monthly benefit amount. The more you work, the higher that monthly benefit may be. In 2023, the maximum monthly benefit for SSDI recipients is $3,627. It’s important to note that getting the monthly maximum benefit amount is rare. To qualify for this benefit, you will have had to do work most of your adult life and be near retirement age, which is 67. Figuring out your monthly benefit is necessary so that you can prepare for your expenses while on SSDI. Our Springfield disability lawyers can assess your age and work history to estimate your monthly benefit. What if You Are Too Young to Get Disability Benefits in Pennsylvania? Not every disabled person unable to work has a sufficient earning record to qualify them for SSDI benefits in Pennsylvania. Remember, most people need about 40 working credits, or ten years of working experience, to receive benefits. So, what if you’re too young? If you were diagnosed with a qualifying illness, injury, or disability before you turned 22, you might be eligible for disability benefits through a parent’s earning record. Call our attorneys if you require disability benefits and are too young to qualify based on your earning record. Our Northeast Philadelphia disability lawyers can explain how you might be able to use your parent’s work history to get monthly payments. In order to use your parent’s earning record to qualify for disability benefits in Pennsylvania, your parent must be eligible themselves. That means you must either have a parent currently receiving Social Security retirement or disability benefits or a parent who is deceased but has an earning record that would qualify them for benefits. The size of your monthly benefit will depend on your parent’s earning record. So, if they worked until retirement, they may qualify for the maximum monthly benefit for SSDI payments. If you are too young and have not worked enough years to qualify for SSDI benefits yourself, and you do not have a parent with sufficient work history, call our Pennsylvania disability lawyers. You may qualify for other kinds of disability benefits that can supplement your income. Call Our Pennsylvania Lawyers About Disability Benefits Today If you need to apply for disability benefits in Pennsylvania, our attorneys can help. If you need access to disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Montgomery Country disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.

 ABC has a very helpful article about "Student loan forgiveness update: What borrowers need to know after federal court struck down program". The article can be found at https://abc7ny.com/will-student-loans-be-forgiven-biden-forgiveness-loan-update/12451011/Jim Shenwick, Esq   917 363 3391  jshenwick@gmail.com

If you recently received a medical diagnosis that prevents you from earning an income, call our lawyers. Our attorneys can help you get disability benefits in New Jersey as soon as possible. In order to get disability benefits in New Jersey, you must apply. The application process might take several weeks, though our attorneys can help speed up the process. After you submit an application, it may be a few months before you get a decision. If approved, it will likely be several more months until you start getting payments in New Jersey. If your initial claim is not approved, our lawyers can help you file an appeal. When recipients abide by the Social Security Administration’s rules, they can receive disability benefits for the rest of their lives. We’re dedicated to helping New Jersey residents claim the disability benefits they’re entitled to. For a free and confidential case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. How Long Does it Take to File for Disability Benefits in New Jersey? Before you can get disability benefits in New Jersey, you have to apply. The application process alone can be lengthy and confusing for applicants in need of benefits. To speed things up, applicants can turn to our experienced Mt. Holly disability lawyers for help. Because disability applications require detailed information and certain records, filing for benefits might take weeks for New Jersey applicants without legal guidance. To apply, applicants must gather crucial information regarding their disability and income. The Social Security Administration (SSA) might also require additional information, especially if your application is incomplete. Applying for Social Security Disability Insurance benefits should be a quick and easy process. When applicants tackle the task independently, they may have difficulty compiling the necessary information and documentation the SSA requires. Our attorneys are familiar with the application process. They can use their experience to gather the proper records and help you complete your application for disability benefits in New Jersey. How Long Does it Take to Get Approved for Disability Benefits in New Jersey? Once you have officially applied for disability benefits in New Jersey, the real waiting begins. The Social Security Administration may take several months to make a decision regarding your claim. In the event they get an unfavorable decision, SSDI applicants may have to file an appeal in New Jersey. Generally, it takes about three to five months for the SSA to either approve or deny an application for SSDI benefits. Issues with your application might delay the process even longer. The SSA might require an additional interview with an applicant to address any missing information. Our Mercer County disability lawyers can help you file a thorough application initially, so the SSA can’t cite issues with your application as a reason for a delay. Unfortunately, when applicants don’t enlist help from experienced attorneys, the chances that their claims are rejected may increase. If your SSDI application has been denied, call our lawyers. Our team can help you file an appeal. The appeals process for disability benefits in New Jersey might take several months, possibly even years. Clearly, this isn’t ideal for SSDI applicants and their families. To avoid the appeals process entirely, allow our attorneys to help you apply for SSDI benefits. How Long Until I Start Getting Disability Benefits in New Jersey? Once your application for Social Security Disability Insurance benefits is approved in New Jersey, it may be some time before you start receiving monthly payments. While some conditions qualify applicants for immediate benefits, most don’t. In most cases, applicants enter into five-month waiting period after they’ve been approved for disability benefits in New Jersey. This waiting period exists so that the SSA can ensure you remain eligible for benefits after your application is approved. Because of the way that disability benefit payments are structured, applicants generally end up waiting at least six months in total before they receive their first check. Disability benefits come monthly. Each check you receive will be for the previous month, hence why the SSA’s five-month waiting period often ends up being slightly longer than applicants anticipate. Certain conditions, like amyotrophic lateral sclerosis, or ALS, qualify applicants for immediate benefit payments in New Jersey. If you are unsure how long it will be before you start getting disability benefits according to your condition, ask our Hamilton, NJ disability lawyers for clarification. For How Long Can I Receive New Jersey Disability Benefits? Social Security Disability Insurance benefits are designed to support those with disabilities, conditions, or illnesses who can no longer work. As long as you continue to meet the necessary criteria, you can receive SSDI benefits for the rest of your life in New Jersey. Social Security Disability Insurance benefits exist to help those with permanent or long-lasting injuries who can’t support themselves financially after working for a considerable portion of their lives. Your ability to work and your medical condition, they things that initially qualify you for disability benefits, might make you ineligible for SSDI benefits in the future. In New Jersey, disability benefit recipients are only allowed to earn a certain amount in additional income on a monthly basis. Earning above certain amounts specified by the SSA can result in a revocation of your benefits. The same thing can happen if your condition improves, allowing you to engage in substantial gainful activity. Essentially, this means your disability no longer prevents you from earning a sufficient income, making you ineligible for SSDI benefits in New Jersey. To better understand the income thresholds you’re subject to, contact our East Brunswick disability lawyers. Our attorneys can explain how long you’ll likely receive SSDI benefits in New Jersey and what to do if your circumstances change. Call Our New Jersey Lawyers About Disability Benefits Today If you need to start getting disability benefits in New Jersey, our attorneys can help. For a free case evaluation with the Trenton disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.

 "The opioid crisis is nothing short of sinister." Eric Eyre and Patrick McGinley from the West Virginia University College of Law, told the story of how a small town journalist discovered the cause of the opioid epidemic in Appalachia. Along the way, Mr. Eyre developed Parkinson's disease, won the Pulitzer Prize for his book and had his newspaper file for Chapter 11 relief. Prof. McGinley represented the newspaper pro bono in making open records act requests which were repeatedly rebuffed.   The story began in 2005 when William Bull Preece died in a ladder fall in a mine. His addiction to opioids contributed to his death. His sister Debbie compiled "the list of the dead," a listing of everyone within a ten mile radius who had died from opioids.  Eric Eyre was a journalist for the Charleston Gazette-Mail who covered the West Virginia statehouse among other duties. A new West Virginia Attorney General had just taken office. The AG moved to West Virginia to run for office. Before being elected, he had been a lobbyist for opioid manufacturers and his wife was still lobbying on behalf of the big big three manufacturers. He took over supervising cases brought by his predecessor but insisted that he would recuse himself from any participation in the cases. From, 2013-2016, he attended hearings in circuit court to monitor the case. He received a tip about the inaugural party. The paper filed a FOIA request and intervened in the state court action. When they did, they found out that everything in the case, including the complaint was sealed. He found it bizarre that a case brought on behalf of the people of West Virginia was kept secret from the people of West Virginia. The judge twice ruled that the complaints should be unsealed but the distributors argued that the complaint contained confidential business information.Then there was a FOIA battle to show that the Attorney General had not recused himself. The paper obtained documents showing that the Attorney General had given specific instructions for dealing with the cases and had personally met with executives of Cardinal Health. The paper received an email from the Attorney General's Office stating that it would face sanctions  if it published the story. The paper published the story anyway. While they did not face sanctions, the Attorney General's Office opened an antitrust investigation against the small paper. As the battle over unsealing the complaint proceeded, the AG said that he wanted to redact just words 18 words from the complaint. The Judge denied the request and it came out that the 18 words listed the number of opioids being sold in West Virginia from 20016-2012. The complaint got the number from information in a DEA database. The public had no idea that hundreds of millions of pills were being sold in their state. Eventually it turned out that 780 million pills had been brought into West Virginia. The opioid epidemic was facilitated by sham clinics. 50% of the entire prescriptions in the state of West Virginia came from a single clinic. Persons wanting prescriptions could get anything they wanted for $150 cash.  There was not even a doctor at the clinic. Employees used machines to print out prescriptions.  The epidemic was also facilitated by local pharmacies. Save Rite Pharmacy was described as an open air drug market.  Although it was located in a town of just 400, it was the sixth largest seller of opioids in the United States.  It filled thousands of prescriptions a day. The question was how did they get the opioids?  Debbie Preece followed a delivery truck around the county and took a picture of its license plate. The plate was traced back to Cardinal Health, one of the largest pharmaceutical companies in the country.  While trying to track down the source of the opioid crisis, Debbie Preece lost another brother to opiods. Her brother, the fire chief, responded to the call, but didn't have any Narcan to save his life.  Meanwhile Eric Eyre's newspaper filed for Chapter 11 bankruptcy. Despite having won the Pulitzer Price for his reporting, he had to reapply for his job.Plaintiff's lawyers smelled money and sued everyone in the supply chain. Eventually there were 3,000 cases which became part of a Multi-District Litigation.                                                                                                              Everyone knew there was a problem with opioids because of the number of deaths. The big question was where were the pills coming from. Were they coming from Mexican cartels?  The DEA database showed that the pills were coming from American manufacturers but the DEA fought its release. Eventually the Plaintiff's lawyers were able to get the database by sending FOIA requests to small counties which had information.  When the data came out, it was revealed that nationally there were 110 billion pills sold that killed half a million people.   "Everyone knew what was going on."Post-Script: In 2018, Attorney General Morrissey, whose inaugural ball helped launch the investigation, ran for U.S. Senate. He lost to Joe Manchin.My take-away from this program is that there was a cynical effort by government regulators in league with industry lobbyists, to conceal the nature of the opioid epidemic in this country. The DEA had the data but didn't want it released. A curious and determined reporter, aided by the sister of a victim, uncovered part of the story. Plaintiff's lawyers unearthed more of the story. Eventually it played out in bankruptcy courts. My summary doesn't really do the story justice. You can find the book, Death in Mud Lick, here. 

Wishing all a Happy and Healthy New Year! It’s a world of laughter, a world of tears.  It’s a world of hopes and a world of fears. There’s so much that we share that it’s time we’re aware it’s a small world after all. (from It’s a Small World (After All) by Richard & Robert Sherman) As this year comes to an end and a new one is about to begin, I pause to reflect on a year’s worth of dispute resolution.  Whether arbitrator, mediator, or advocate, at the core of each dispute, I find one immutable truth: all disputes involve people.  Thus, so do all dispute resolutions. While people are different in so many ways, we are also all the same.  We all laugh and cry.  We all have hopes and fears.  At our core, we have more in common than whatever may set us apart. Are you wondering what that has to do with dispute resolution?  Everything.  Whether in mediation, arbitration, or courthouse litigation, we often find the path to resolution through connection, sharing, and commonalities. In conflict, by human nature, we focus on our differences.  Different views of the facts or the law.  Different motivations.  Different personalities.  Different needs, wants, and interests.  And the difference between each party’s desired outcome. But it helps to also stop and reflect on what we have in common.  What facts are agreed upon?  Or law?  Are there any shared needs, wants, or interests?  What do the parties have in common?  How are they connected? In mediation, receptivity is often the key that unlocks resolution.  Receptivity is being open to new information, new ideas, and alternative outcomes.  Connection, sharing, and commonalities are tools to build receptivity.  Through sharing information, parties learn more about the strengths and weaknesses of their position.  Through active listening, empathy, honesty, and engagement, mediators connect with parties.  Through recognition of common challenges or goals, agreed on facts or law, and identification of other areas of consensus or commonality, parties may open pathways to a resolution not previously considered. In arbitration, many arbitrators (this one included) often require the parties to submit a stipulation of uncontested facts before the final hearing.  Ever wonder why?  I can only speak for myself, but these are my reasons: (a) it helps to streamline the hearing, (b) it provides me with a factual framework as I listen to the evidence, (c) by focusing on the areas of agreement, it may narrow or refine the issues to be addressed at the final hearing, and (d) by engaging in dialog around areas of agreement, it may lead to settlement negotiations.  Sometimes what the parties have in common becomes the bridge to resolution. There is just one moon and one golden sun and a smile means friendship to ev’ryone. (from It’s a Small World (After All) by Richard & Robert Sherman) Regardless of the dispute, for each participant, the sun rises in the morning and sets in the evening.  In between, we can work together to find the path to resolution.  It really is a small world after all. Author’s Note: As a mediator and an arbitrator, I am a “forever student” always seeking new ways to help people find a path to resolution.  As a parent, I have spent a gazillion hours reading books to my children.  Oftentimes, these books teach me new ways to approach conflict resolution.  In addition, my family loves all things Disney, from the music to the shows to the parks.  This post was inspired by Disney’s “It’s a Small World” – the book, the song, and the ride.  Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. It's a Small World The post Dispute Resolution Insights: It’s a Small World appeared first on Sylvia Mayer Law.

Sometimes the solution to a problem is obvious or simple, but not always.  Particularly in multifaceted conflict (such as complex litigation, restructuring negotiations, business divorces, and multi-party disputes), the path to resolution often requires thinking outside of the box. To illustrate, let’s consider Drew Daywalt’s “The Day the Crayons Quit.”  Duncan has a coloring assignment at school.  He opens his crayon box but finds a stack of letters inside instead of crayons.  The letters are from the crayons.  The red crayon complains that Duncan uses it to color everything.  Red crayon needs to rest.  The black crayon complains it is only used to draw outlines and never to fill in the space.  Black crayon needs a chance to be a focal point.  The pink crayon complains that Duncan has not used pink in over a year.  Pink crayon needs to be involved.  The white crayon complains that it is the same color as the paper.  It feels invisible.  White crayon needs to be seen. Duncan needs to color.  Duncan thinks hard.  Then he colors a beautiful picture with only a few tiny spots of red, a big black rainbow, a pink airplane and a pink dinosaur, a yellow sky with white clouds, and green water with a white boat and a white cat. Duncan deftly resolved a multifaceted conflict.  He listened to each crayon’s concerns and needs.  Then, Duncan thought outside of the conventional crayon box.  He found a creative resolution that met everyone’s needs, including his own. How does this translate to mediation?  Particularly in multifaceted disputes, the mediator must actively listen to each party’s needs, while creatively exploring different ways to balance and meet each of the party’s needs.  The beauty of mediation is that we are not confined to a specific structure for resolution.  Instead, we can be creative and go outside the conventional box to find a path to resolution that is tailored to the needs of the parties.  Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  As a parent, I have spent a gazillion hours reading books to my children.  Oftentimes, these books teach me new ways to approach conflict resolution.  In this case, Drew Daywalt’s “The Day the Crayons Quit” inspired this post. Disclaimer:  Nothing contained herein constitutes legal advice nor does it create a professional relationship. Mediator Insights - Think Outside the (Crayon) Box The post Mediator Insights: Thinking Outside of the (Crayon) Box appeared first on Sylvia Mayer Law.

WCNC has an article titled "Better to connect-What small business owners need to know about repaying loans tied to pandemic relief from the SBA"  EIDL Loans. SBA EIDL loan repayment begin this month! As the article notes many borrowers will be unable to repay their EIDL loans.The article can be found at https://www.wcnc.com/article/money/pandemic-sba-small-business-loan-money-local/275-ba12435e-ca7e-48d8-9cad-1c251bbdf706Borrowers who cannot repay their loans, should contact Jim Shenwick, Esq.  jshenwick@gmail.com917 363 3391 for assistance with these problems. 

If an illness, injury, or disability prevents you from working in Pennsylvania, you may be able to get disability benefits. To get benefits as soon as possible, applicants can turn to our experienced attorneys for help. Before you can get disability benefits in Pennsylvania, you need to apply for them. This process might take weeks or months, depending on the information you need to gather. Once you apply, it may take five months before you hear back from the Social Security Administration (SSA). Once approved, it will likely be about five months before you start getting benefits. Because disability benefits are for the long-term, recipients can often get them for life as long as they remain eligible. To get benefits sooner, ask our experienced disability lawyers for help with your application. We’re here to help Pennsylvanians get the disability benefits they deserve. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954. How Long Does it Take to Apply for Disability Benefits in Pennsylvania? Applying for disability benefits can be a long, complicated process. The Social Security Administration often requires detailed documents and information from applicants, which can be difficult to prepare. To speed up the process and ensure your initial application is complete, ask our Pennsylvania disability lawyers for help. An application for Social Security Disability Insurance (SSDI) benefits is detailed. The SSA wants to know certain information about your disability and finances before approving an application. For example, you may need to provide medical records that outline your condition and financial information, like previous tax returns. After you submit an application, the SSA might request additional documents. Compiling the required information for an SSDI disability application can be challenging. Not everyone has the time or ability to gather the necessary records, like birth certificates and proof of previous employment, or reach out to doctors to access medical records. Our attorneys can help you prepare your SSDI application so that you can more easily get disability benefits in Pennsylvania. How Long Does it Take to Get Approved for Disability Benefits in Pennsylvania? After you apply for disability benefits in Pennsylvania, the Social Security Administration will review your claim. This process can take several months, so it’s important for applicants to be prepared for a potential delay. On average, the SSA takes three to five months to review a claim for disability benefits in Pennsylvania. During the review process, the SSA may request an interview to clarify certain matters. Our Philadelphia disability lawyers can help you prepare for any question from an SSA representative during this stage. Unfortunately, not all disability benefit applications are initially approved. Contact our attorneys if your claim was denied after several months of review. You may be able to file an appeal with the SSA. This process alone might take upwards of a year, so it’s important to have one of our experienced lawyers by your side during the appeals process for SSDI benefits in Pennsylvania. How Long Until I Start Getting Disability Benefits in Pennsylvania? If your application for disability benefits is approved, you might think you’ll start receiving payments right away. That’s not usually the case. Generally, the Social Security Administration imposes a waiting period after claims are approval to ensure applicants remain eligible for disability benefits in Pennsylvania. Once the SSA approves your application for SSDI benefits, you will most likely enter into a waiting period. Only certain injuries, illnesses, and disabilities qualify applicants for immediate benefits in Pennsylvania. To learn whether or not you qualify, speak to our Pennsylvania disability lawyers. In most cases, there is a five-month waiting period after claim approval in Pennsylvania. You won’t receive any disability benefit payments from the SSA during this time. Once the five months are up, you’ll have to wait another month before you receive a check. That’s the way SSDI payments are structured. This can be confusing for SSDI recipients, so ask our attorneys for clarification. Disability benefits are sent out every month, whether by check or direct deposit. The exact day of the month you will receive your check will depend on your birthday. For How Long Can I Get Pennsylvania Disability Benefits? Once you are approved for SSDI benefits in Pennsylvania, you may be able to get monthly payments for the rest of your life. If you continue to remain eligible for disability benefits, you can continue to get them in Pennsylvania. Social Security Disability Insurance benefits are meant to support those who have worked for many years but no longer can because of a qualifying injury, disability, or illness. These benefits are for the long-term, often for life. However, certain things might affect your ability to get disability benefits forever. The SSA imposes income limits for SSDI recipients in Pennsylvania and elsewhere. In 2023, the substantial gainful activity (SGA) limit is $2,460 per month for blind recipients and $1,470 per month for non-blind recipients. You may enter into a trial work period if you earn over $1,050 a month in 2023. If this period extends over nine months, you may lose your access to benefits, despite earning under the monthly SGA limit. To better understand how income limits might impact you, speak to our Quakertown disability lawyers. An improved condition can also impact your eligibility for disability benefits in Pennsylvania. The SSA conducts periodic reviews of recipients’ medical conditions, the frequency of which depends on each recipient’s prognosis. Disability benefit recipients must also report any condition changes to the SSA. Ask Our Pennsylvania Lawyers About Disability Benefits Today If you need to get disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Upper Darby disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.

 Forbes has an article about the consequences of filing for personal bankruptcy. The article can be found at   https://www.forbes.com/advisor/debt-relief/bankruptcy-consequences/Individuals with questions about personal bankruptcy can contact Jim Shenwick Esq.   jshenwick@gmail.com   917 363 3391

 When a bankruptcy petition is filed, section 362(a) of the Bankruptcy Code states that the bankruptcy petition provides a stay on the commencement or continuation of an action or proceeding against the debtor.An "Automatic Stay" provides relief to the debtor by stopping all litigation and collection efforts against him, giving him pause and time to reorganize his finances.After bankruptcy filing, creditors who wish to continue litigation against the debtor must file a motion to lift the stay in Bankruptcy Court. The most common bankruptcy motion is a motion to lift the stay.Last week, we filed two motions to lift the stay, one for a landlord and one for a creditor, so they could finalize an eviction and foreclosure.The law stayed litigation and landlord tenant actions during the pandemic, now creditors and landlords are free to pursue litigation, resulting in increased bankruptcy filings and motions to lift the stay.The Second Circuit Court of Appeals recently decided a Motion Lift Stay case, In re Fogarty, 39 F. 4th 62 Court of Appeals, 2nd Circuit 2022 which demonstrates the complexity and questions that can arise in lift stay practice.Debtor Eileen Fogarty owned a 99% interest in 72 Grandview LLC, which in turn owned a residential property that Fogarty occupied as her primary residence. Bayview Loan Servicing LLC initiated a foreclosure action in which both 72 Grandview LLC and Fogarty were named as defendants. After Bayview obtained a judgment, Fogarty filed a Chapter 7 bankruptcy petition  and Bayview proceeded with the foreclosure sale without seeking relief (i.e. filing a motion for relief from the automatic stay) from the bankruptcy court.Fogarty then sought sanctions against Bayview arguing that Bayview willfully violated the automatic stay. The bankruptcy court denied Fogarty's motion, but the district court reversed that decision and Bayview appealed to the 2nd Circuit Court of Appeals. The 2nd Circuit ruled that Bayview violated the automatic stay based on the fact that the debtor was a named party in the foreclosure proceedings (even if the debtor held only a possessory interest in the property) and Bayview was aware that Fogarty had filed a bankruptcy petition.The takeaway from the Fogarty case, is that a creditor must proceed with cause after a Debtor files for bankruptcy and when in doubt a creditor should file a motion to lift stay before foreclosing on property. Creditors that have questions regarding Motions to Lift Stay can contact Jim Shenwick, Esq   jshenwick@gmail.com   917 363 3391.