I’m Filing for Chapter 7 Bankruptcy – What Can I Keep? You may be surprised at what you can keep! There are many misconceptions.

" I needed to file bankruptcy which was a very difficult and stressful decision. I never wanted to get to the point of having to file chapter 7, but I knew in order to have a fresh start it was the only way out. I spoke with several attorneys, most said I could only file chapter 13. I was single, no kids, and employed; my career and lifestyle were getting better but the debt was still substantial and I couldn't save any money. I felt overwhelmed thinking I had to figure out how to pay off the debt. James was the only attorney that firmly said you need to file for chapter 7. He didn't promise it would happen, in fact he was honest saying I had a 60/40 chance but he believed I had a good chance. I'm so glad I followed my instincts and went with him. He was aggressive and direct and got the job done. He prepared me for the court day and it went in my favor. I'm not gonna lie, I'm not proud of the situation, but I'm happy to be debt free with a new promising start. Thanks James!

We knock out Dyck-O’Neal, Save Lonnie’s Clearance and his Family Home Place Lonnie was about to lose his federal job. His clearance review showed he owed Dyck-O’Neal $127,153 from a foreclosure deficiency. He needed to take care of that. Or he’ll lose his clearance and his job. Obviously he didn’t have $127,153.  And when we […] The post We knock out Dyck-O’Neal, Save Lonnie’s Clearance and his Family Home Place by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

Money Magazine has an excellent article on this topic. The article can be found at https://money.com/get-items-removed-from-credit-report/Jim Shenwick, Esq 212 541 6224 jshenwick@gmail.com

 Need Tax Relief? Here’s How To Get Rid Of Your Back Taxes. Excellent article on how to get tax relief at Forbes. The article can be found at https://lnkd.in/ezfF9rQqNot mentioned in the article, but many incomes taxes can be discharged in a chapter 7 bankruptcy filing. Jim Shenwick, Esq 212 541 6224 jshenwick@gmail.comNeed Tax Relief? Here’s How To Get Rid Of Your Back Taxes

As parties prepare for mediation, they often focus on what they want.  They want $X.  They want out of a contract.  They want to pay nothing.  They want…. Sometimes parties forget to also consider what they need.  There is a big difference between what you want (e.g., everything you asked for in your complaint) and what you need to resolve the dispute and move forward.  As you prepare for mediation, take time to consider not just your wants, but also your needs. To illustrate, let’s consider Rod Campbell’s children’s book “Dear Zoo.”  In this story, the narrator writes to the zoo and asks them to send a pet.  The zoo complies. First, it sends an elephant.  It is too big, so it is sent back.  Then the zoo sends a giraffe, but it is too tall, so it is sent back.  The list goes on.  Zoo animals arrive, don’t meet the narrator’s needs, and get sent back.  Finally, after seven animals have been sent, rejected, and returned, the zoo sends a puppy, which is perfect.  Needs have been met. At no point in the story, did the narrator explain their need.  They opened with their want and then waited for the other side, the zoo, to figure out what was needed and provide it. I see this in mediation too.  Very often a party comes to mediation having focused solely on what they want, but having spent no time considering what they need.  While it is not uncommon for wants and needs to evolve as the mediation progresses, it is helpful to have a starting point at the outset of the mediation.  Why?  For several reasons, including: Most settlements ultimately lie somewhere between each party’s want and their need. An unspoken need may go unmet. That unmet need may then become a barrier to resolution. Some needs cannot be identified without additional information. But if the necessary documents are inaccessible or the person with the requisite knowledge is unavailable, then we may be unable to discern the need during mediation resulting in an impasse or adjournment of the mediation. Understanding needs may open new avenues for resolution. Creativity can be the bridge to resolution in mediation, but only with an understanding of the problems that need to be solved creatively. As you prepare for mediation, consider not just what you want, but what you need.  Otherwise, you may spend a fruitless day rejecting elephants, giraffes, lions, snakes, and other offers you neither need nor want. 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, Rod Campbell’s “Dear Zoo” inspired this post. Don't Just Know What You Want in Mediation The post Mediator Insights: Don’t Just Know What You Want, Know What You Need appeared first on Sylvia Mayer Law.

While it may require time, patience, perseverance, and creativity, as a mediator, I truly believe that most disputes can be settled.  But just because most disputes can one day be settled, does not mean that all disputes can be settled at any given time. To illustrate, let’s consider Mo Willems’ classic children’s story “Don’t Let the Pigeon Drive the Bus.”  The story involves a pigeon and us (the reader and the reader’s audience).  At the start of the story, the bus driver asks us to watch his bus and instructs us not to let the pigeon drive it.  But the pigeon desperately wants to drive the bus.  The pigeon tries every tactic you can think of – asking nicely, befriending us, telling a story, visualizing it, bribing us, guilting us, crying, begging, and bullying us.  But we, the readers and audience, stand firm.  We say no. Why did we say no?  The pigeon’s ask was unrealistic.  And inflexible.  And utterly failed to consider our interests and needs or even public safety.  The pigeon was focused solely on getting what the pigeon wanted without regard for anything else. How does this translate to mediation?  Generally, I see pigeon-like parties in cases that come to mediation too soon or too late.  Their views are unrealistic and inflexible.  They are unable to consider the other side’s interests or needs or recognize any weaknesses in their position.  They are only able to focus on their demand.  And unwilling to accept anything less. In these situations, time is often the answer.  Sometimes, the time needed is the day-long mediation.  By the end of the day, even the pigeon-like party may have become receptive to resolution.  But not always.  If the parties have come to mediation too early, then we may need to adjourn mediation and reconvene weeks or months later.  This gives the parties time to conduct discovery and do legal research, which may broaden their perspective on the case.  If the parties have come to mediation too late, then we may need to adjourn mediation and reconvene during a break in the court proceedings, which may give them insights into the judge’s views of the case. In the end, the key is don’t let the pigeon drive the bus in mediation.  If one party is pigeon-like – intransigent, inflexible, and incapable of making progress – then you may need to just say no at that time.  This does not mean that the dispute cannot be settled, but it does mean that the dispute cannot be settled right then. 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, Mo Willems’ “Don’t Let the Pigeon Drive the Bus!” inspired this post. Don't Let the Pigeon Drive the Bus in Mediation The post Mediator Insights: Don’t Let the Pigeon Drive the Bus in Mediation appeared first on Sylvia Mayer Law.

You go to mediation.  You work hard all day culminating in an agreement.  Now you need to document that agreement.  Easy-peasy?  Not really, because the devil is always in the details. To illustrate, I’m going to re-visit a children’s book that I explored previously:  Doreen Cronin’s Click Clack Moo: Cows That Type.  In this story, Farmer Brown has a farm with dairy cows, chickens, and ducks.  The cows find his typewriter and send him demands seeking electric blankets for the barn animals.  The barn animals go on strike when their demands are unmet.  Ultimately, Duck steps in to act as a neutral.  With Duck’s assistance, an agreement is reached:  the cows and hens get electric blankets, while Farmer Brown gets milk, eggs, and his typewriter. When I explored this story last time, I mentioned there is a plot twist at the end and here it is.  The parties agree that Farmer Brown will first leave the electric blankets outside the barn door, then the cows will give Duck the typewriter to deliver to Farmer Brown and the cows and hens will resume producing milk and eggs. Farmer Brown does his part, and the cows and hens do their part.  But Duck?  Duck seizes the typewriter and uses it to demand a diving board for the duck pond. Unfortunately for Farmer Brown, nothing in his agreement with the cows and hens bound Duck.  The devil is in the details.  This story is an extreme example, but it highlights an important point.  When parties are negotiating the terms of their mediated settlement agreement, they need to think beyond what each is giving or getting under the agreement.  How will the agreement be effectuated?  What happens if there is a default?  If a third party is needed, then how are they selected and paid?  If court or regulatory approval is required, then who is responsible for seeking it?  And what happens if denied? A myriad of issues can arise after the parties have reached an agreement.  While the mediator can assist the parties in drafting the agreement and spotting issues, only the parties really understand the dynamics and execution risks. So, here’s the moral of the story.  To avoid being Farmer Brown, who had to install a diving board at the duck pond to get his typewriter back, parties to a mediated settlement agreement need to think through implementation, execution, default, and enforcement as they are documenting their settlement. 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, Doreen Cronin’s “Click Clack Moo: Cows That Type” inspired this post. Click Clack Quack - Drafting Mediated Settlement Agreements The post Mediator Insights – Click Clack Quack: Drafting Mediated Settlement Agreements appeared first on Sylvia Mayer Law.

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The article can be found at  https://www.yahoo.com/lifestyle/commercial-chapter-11-filings-increase-120000894.htmlProfessionals or clients with questions about chapter 11 bankruptcy can contact Jim Shenwick, Esq  212- 541-- 6224  jshenwick@gmail.com