ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

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Will My Employer Find Out if I File Bankruptcy in Pennsylvania?

Filing for bankruptcy can be a scary process for many people. This is especially true for those who have never been part of one of these incredibly complex processes. Many people may worry they will lose everything they worked so hard to get, such as their employment. This fear stems from the belief their employers […] The post Will My Employer Find Out if I File Bankruptcy in Pennsylvania? appeared first on .

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What happens to your credit when you file for bankruptcy?

Updated October 24, 2019From: creditkarma.comBy:  Kim Porterhttps://www.creditkarma.com/advice/i/what-happens-when-you-file-for-bankruptcy/

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Will I Lose My Home If I File Chapter 7 Bankruptcy in Pennsylvania?

Bankruptcy has developed a nasty reputation, which is largely based on myths and misinformation. One of the most persistent (and harmful) bankruptcy myths is that you will automatically lose your home if you file for Chapter 7. While this is a possibility, the answer depends on a few critical factors. How Bankruptcy’s Automatic Stay Protects […] The post Will I Lose My Home If I File Chapter 7 Bankruptcy in Pennsylvania? appeared first on .

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Creditors Can’t Garnish Your Stimulus Check- But They CAN Garnish Your Bank Account

Creditors Can’t Garnish Your Stimulus Check- But They CAN Garnish Your Bank Account     Businesses and services across the country are being forced to close, and many may not reopen after the quarantine is over. So far, 22 million Americans have filed for unemployment during the pandemic. In an effort to reduce the economic impact of COVID-19’s spread, lawmakers enacted the CARES Act and millions of Americans can expect a stimulus check of $1,200 or more. If you received summons or a judgment recently, you may be concerned about how this will affect your coronavirus stimulus check.                 Failing to respond to a summons will result in a default judgment. If you have received a judgment, your creditor will likely soon be able to get a garnishment order to collect on their debt. Most often, creditors choose to garnish the debtor’s wages so they have a consistent stream of income to repay the debt. A wage garnishment is typically 25% of the debtor’s income, but this is also the maximum amount the debtor may be garnished. The CARES Act specified that the stimulus checks won’t be treated as earned income in that they can’t be garnished by your creditors. Is My Stimulus Check Safe?                 This doesn’t necessarily mean that your stimulus check is safe. While it is less common in non-pandemic times, your creditors can also garnish your bank account directly. If your creditor receives an order to garnish your bank account, they will be able to garnish the stimulus funds as well. Also, if you have any negative balances, such as overdraft charges, with your bank, the stimulus check can also be used to rectify those debts.                 If you are at risk of having your stimulus check seized to satisfy a debt, you have a few options. The simplest, surface-level fix is to simply cash your check instead of depositing it into your bank account. If you have multiple bank accounts and one is with a smaller bank or credit union, depositing the stimulus into that account may help you fly under your creditor’s radar. However, these solutions are only temporary. The debts and judgments will still remain, and your creditors will be able to garnish your wages whenever you are employed until the judgment is satisfied. Creditors will also have the option to add interest and legal fees to your balance, increasing the lifespan of the garnishment.                 To permanently address the issue of any judgments and garnishments against you, you can file bankruptcy. Most people either file a Chapter 7 or a Chapter 13 bankruptcy. A Chapter 7 liquidates and discharges most of your unsecured debt, while a Chapter 13 is a 3-5 year reorganization repayment plan. Filing either chapter of bankruptcy automatically enacts a stay of protection which prevents creditors from garnishing your wages and your bank account. The stay lasts until your case is dismissed or discharged. After filing, a Chapter 7 lasts about 3-5 months until discharge, and you must complete the 3-5 year payment plan before a Chapter 13 is discharged. While some debts, like child support, aren’t dischargeable, garnishments on dischargeable debts will be halted permanently once your case is discharged. You Don’t Have to Wait for Coronavirus to End                 If you are struggling financially, you don’t have to wait until the pandemic is over to seek legal help. Legal services were declared essential in Arizona, so our office is still operating remotely. Our Phoenix BK Lawyers offer free phone consultations so you can discuss your case with our experienced staff. If you need to file a bankruptcy to protect your stimulus check from garnishment, we can help you quickly and remotely. Once a creditor garnishes your wages or bank account, those funds won’t be returned to you. Don’t wait until it’s too late- call and schedule your free consultation today. <script src=”https://www.bagtheweb.com/embed_bag/M Kr4Wf/width/200″ type=”text/javascript”></script> The post Creditors Can’t Garnish Your Stimulus Check- But They CAN Garnish Your Bank Account appeared first on My AZ Lawyers.

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Do I have to pay back my $1,200 stimulus check?

Don’t fall for these five myths about the stimulus payments Published: April 21, 2020From: MarketWatchBy: Andrew Keshnerhttps://www.marketwatch.com/story/do-i-have-to-pay-back-my-1200-stimulus-check-dont-fall-for-these-five-myths-about-the-stimulus-payments-2020-04-18

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How Much Money Do You Have to Repay in Chapter 13 Bankruptcy?

Anyone contemplating bankruptcy will want to know how their monthly payments will be calculated, who they are going to pay, and what their exact payment amount will be. At Young, Marr & Associates, our Pennsylvania and New Jersey bankruptcy attorneys understand this concern. However, every Chapter 13 bankruptcy is unique, and the answers to all […] The post How Much Money Do You Have to Repay in Chapter 13 Bankruptcy? appeared first on .

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Can Debt Collectors Steal Your Stimulus Check?

The CARES Act neglected to protect people from creditors, but some lawmakers are working to correct that.April 16, 2020From: The Motley FoolBy: Dan CaplingerThe coronavirus crisis is causing severe financial pain across the U.S., where tens of millions of people have lost their jobs and filed for unemployment benefits in just the past month. For those who have lost income, a federal stimulus check could be vital to their financial well-being right now.Unfortunately, many people who were already having money troubles before the COVID-19 pandemic hit are now running into a new challenge with their stimulus payments. Debt collectors are rushing in to try to grab up those stimulus checks in order to satisfy people's past debts. Because of the way that lawmakers set up the stimulus check program, what those debt collectors are doing appears to be legal -- but it also threatens to undermine the entire point of the program, which was to rush cash to hard-hit Americans so that they could cover their current expenses during this crisis.Despite the best of intentionsThe Treasury Department has worked hard to try to get stimulus money to people rapidly. For those who included direct deposit banking information with their 2018 or 2019 tax returns, the Treasury is using that data to send stimulus payments directly into people's bank accounts. For most people, that's the fastest way to get the money where it needs to go.However, millions of people owe certain kinds of debt for which creditors can garnish bank accounts. That includes just about any type of debt on which collection proceedings have advanced far enough for creditors to get a court judgment. When debt collectors present banks with garnishment orders, banks follow procedures that often include freezing accounts. To regain access to their funds, banks require account holders to provide proof that the money that's come into the account is somehow exempt from garnishment. Most people in debt don't know how to respond effectively to such demands even in the best of times -- let alone when they are stuck in their homes, when bank branches are closed to the public, and when courts aren't functioning at anywhere near normal capacity.Lawmakers could have specifically designated the stimulus payments as exempt from garnishment or debt collection proceedings. However, they didn't include such clear provisions in the CARES Act, which leaves the matter up to legal interpretation. That ambiguity set the stage for debt collectors to act -- and they're acting quickly.Fixing the problemNow that they've identified the problem, legislators at the state level are working fast to address it. State laws govern much of the legal framework around debt collection, so in some states, those receiving stimulus checks already had some protection. Other states are moving to pass emergency legislation that exempts the stimulus payments from debt collection proceedings.Congress could also take action, although it might be difficult for it to do so quickly enough to make a difference. Passing a federal law that reclassifies stimulus money into the same category as other exempt payments would offer everyone across the nation protection.What you can doIf you're already aware that your bank account might be subject to a garnishment order, there are some things you can do to try to protect yourself. They include:Having your stimulus payment sent to a different bank account. Often, garnishment orders will apply to all bank accounts, but if you know that debt collectors have only identified one of your accounts, then having your stimulus money deposited into an account at a different institution might protect it.Getting a physical stimulus check. The IRS is seeking banking information for many Americans through its Get My Payment tool, with the goal of expediting those stimulus payments. However, if you anticipate problems, getting a physical check and cashing it will help keep it from getting locked up in a frozen bank account.With the coronavirus pandemic wreaking havoc on all our lives, the last thing any of us need is for our stimulus checks to get taken away. If you think debt collectors might be looking to take your stimulus payment, don't wait for lawmakers to help you out -- do what you can to protect yourself and your finances.Something big just happenedI don't know about you, but I always pay attention when one of the best growth investors in the world gives me a stock tip. Motley Fool co-founder David Gardner and his brother, Motley Fool CEO Tom Gardner, just revealed two brand new stock recommendations. Together, they've tripled the stock market's return over the last 17 years.* And while timing isn't everything, the history of Tom and David's stock picks shows that it pays to get in early on their ideas.

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How to Deal With Medical Expenses Due to COVID-19

We Can Help With Uninsured Medical Expenses and Co-Pays from the Coronavirus Experts predict that as many as 70% of all Americans will eventually be infected with COVID-19. This will not only strain our healthcare system infrastructure to its limits, but it will expose the shortcomings of the nation’s methods of funding it. There is no cure or vaccine in sight at the present time. Who will bear the burden of paying uninsured and unreimbursed medical expenses and co-pays due to the novel coronavirus? In the U.S., inevitably, the patient. Even if you have medical insurance, the co-pays could be substantial, and there could be ongoing costs associated with continuing treatment should COVID-19 leave you with lasting ill effects. Medical expenses are unsecured debts that can be discharged in a Chapter 7 or Chapter 13 bankruptcy filing. If you find you cannot pay your medical expenses, or you are paying them but other bills such as credit card debt, your car payment, or your mortgage or rent are unaffordable as a result, contact us. We can help you get a fresh start. Possible Medical Expenses if You Have the Coronavirus Treatment of COVID-19 Symptoms Fever and respiratory distress are the two most severe COVID-19 symptoms. Other symptoms include headache, bodyache and overall malaise, running nose, sore throat, and dry cough. Some have experienced a loss of smell or taste. Most people who have COVID-19 have mild symptoms and soon recover. Those with concerning symptoms are given IV fluids and oxygen. A ventilator is necessary for the severe cases of COVID-19 resulting in pneumonia in both lungs. Who is Most at Risk of Suffering Severe Symptoms? People who are most at risk of suffering severe COVID-19 symptoms are: Adults over the age of 65; Those with chronic underlying medical conditions, such as heart disease, lung disease, kidney disease, liver disease, or diabetes; Those with compromised immune systems; Those who smoke or vape, and; Those who are obese. There is No Cure and No Vaccine for the Coronavirus There is currently no cure, but in the U.S., some severely-affected victims of COVID-19 have responded well to the medication Remdesivir, which was originally designed to treat ebola. The World Health Organization (WHO) has launched an international program to test the efficacy of proven treatments for other illnesses on COVID-19, though this program is in jeopardy due to the U.S. President’s threat to defund the WHO, as President Trump accuses them of covering up for the Chinese. Lack of Medical Insurance Coverage, You Will Have to Pay Current estimates for the cost of treating severe cases may be $20,000, or may be as much as $75,000. Iin truth, no one knows how much treatment for lingering effects of COVID-19 will cost in the years to come. This means there are unknown and perhaps uninsured or under-insured procedures, treatments, and medications you might need to live. When Most Medical Bills Come In, File Bankruptcy Why? Because any expenses you incur after you file a bankruptcy petition will not be discharged in your bankruptcy filing. When you have recovered from COVID-19 and have finished treatment or have received your hospital bills, call us, and we will help you assess your financial situation as a whole. We will look at your other debt, your mortgage or rent, your car payments, and any other expenses you have, and determine which is best for you, whether it is debt settlement, Chapter 7 bankruptcy, or Chapter 13 bankruptcy. Being ill means you have been out of work, and if you have no income, you can’t pay your regular expenses. We can also help you if: you’ve run up your credit card debt due to COVID-19; your credit card lender has sued you or threatened to sue; you are in foreclosure due to COVID-19; you are facing eviction due to COVID-19; your car has been repossessed or you’ve been threatened with repossession due to COVID-19. Get your fresh start after suffering from COVID-19. Call us at (215) 625-9600 for your free, no-obligation consultation. The post How to Deal With Medical Expenses Due to COVID-19 appeared first on David M. Offen, Attorney at Law.

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Can I Get Arrested on a Warrant in Pennsylvania During COVID-19?

While a worldwide pandemic challenges the nation, police departments across Pennsylvania have instituted procedures to help keep law enforcement officers and the community as safe as possible. Courts have shut down or restricted access, while police departments have increased online communication to deal with non-priority issues. That does not mean there has been a moratorium […] The post Can I Get Arrested on a Warrant in Pennsylvania During COVID-19? appeared first on .

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Can I Get Arrested on a Warrant in Pennsylvania During COVID-19?

While a worldwide pandemic challenges the nation, police departments across Pennsylvania have instituted procedures to help keep law enforcement officers and the community as safe as possible. Courts have shut down or restricted access, while police departments have increased online communication to deal with non-priority issues. That does not mean there has been a moratorium […] The post Can I Get Arrested on a Warrant in Pennsylvania During COVID-19? appeared first on .