While traffic tickets may feel inconvenient, ignoring them can wreak havoc on your driver’s license, raise your auto insurance and even lead to more serious charges. Don’t ignore the ticket! You must act within thirty days to avoid suspension of your license. Here, Maryland traffic violation attorney Jeffrey Scholnick provides an overview of instances when asking for a trial to dispute the ticket is recommended (most of the time). Don’t Just Pay Your Traffic Ticket! If you have never received a traffic ticket before, and you receive a ticket for a minor offense, it is recommended you appear in court. Rather than receive points by paying the ticket, a Judge is very likely to reduce the fine and give you Probation before Judgment (PBJ) if you have a good driving record. PBJ is your main goal because it means that you do not have any points and your auto insurance rates will not increase due to your ticket. When appearing in front of the Judge, it is important to tell the truth. Judges can sense when a Defendant is lying and will quickly decide to penalize the fibbing fool. While some people believe that an honest excuse or a claim of ignorance will hurt you, it is best to tell the truth. Particularly if this is a first offense, a Judge will give you a “mulligan.” There is an old saying among lawyers that applies here: “The worst truth is better than a good lie.” If you are pleading guilty or guilty with an explanation and have a reasonable excuse, the Judge will usually take pity on a first offender or someone who hasn’t had a ticket in a long time. When you go to Court, don’t ask for a trial if you really don’t have a defense. Look at the law with which you are charged so that you can see if you have a defense. If you don’t have a good defense, don’t waste the Judge’s time. The Judge will have many other cases that day and won’t appreciate theatrics. You are not Perry Mason and, if you are Perry Mason, Traffic Court is not the place to prove your acting skills. Plead guilty with an explanation. But, if the Officer does not show up, or you have a good defense, then plead “not guilty” and make the Officer prove their case. Never, ever, ever, ever (add additional “ever” 100 times) lie about your driving record. That big box on the Judge’s desk is not a T.V. set. It is a computer that can access your record. The quickest way to get ALL of the points and a $500 fine is to tell the Judge that you don’t have a recent ticket when you were in court a year ago. Judge’s hate liars! If You Can’t go to Court, You Can Send an Attorney Unlike offenses that include the possibility of jail time, you do not have to go to Court for speeding tickets. If you have a business trip or a vacation scheduled, you can have an attorney go on your behalf and defend you or obtain a PBJ or reduced sentence. If you can’t make the trial and can’t find an attorney, then pre-pay the ticket and ask for a trial date. The worst mistake is failing to show up in Court or neglecting to make arrangements before Court because you will then have a suspended license. This will lead to even more significant problems. Driving on a Suspended License is an offense for which you could receive a prison sentence. Lastly, if a police officer does not appear in court on your new court date, the case will be dismissed. Most Importantly, Do Not Forget to Send in Your Request for Trial or Your Money In the old days, if you threw the ticket the Officer wrote into your glove compartment, you would get a trial date. However, this rule has changed. Now, you must either pay the fine (and get the points) or complete and send in the bottom right portion of the ticket to the Annapolis address on that part of the ticket. Do nothing and, after thirty days, your license is suspended. When you are sending in that bottom portion of the ticket, you have a choice to: (1) pay the ticket; (2) plead guilty and ask for a hearing on mitigating circumstances to reduce the penalty; or (3) ask for a trial. If you are not paying, you might as well ask for a trial. Then, if the Officer doesn’t come to Court, the charges are dropped. If the Officer comes to Court, but can’t find his notes or his ticket, the charges are dismissed. Assuming you were polite and cooperative, you can ask the Officer if you acted appropriately and this will help you in the result. Judges like drivers who don’t make Officers’ jobs tough over minor traffic offenses. Discuss Your Traffic Ticket with Experienced Traffic Violation Attorney Jeffrey Scholnick While everyone makes a mistake on the road from time to time, and the inconvenient traffic ticket you receive for it may be justified, there are also plenty of instances in which an individual may be able to fight their traffic ticket and win. While traffic violations and instances where a traffic ticket requires you to go to court vary on a case-by-case basis, do not hesitate to contact traffic violation attorney Jeffrey Scholnick, who can go over your case with you in detail and determine whether or not it is viable to go to court.The post Understanding Whether You Should Pay Your Traffic Ticket or Go to Court first appeared on Scholnick Law.
Bankruptcy Filings are on the IncreaseA recent article in Yahoo Finance noted that bankruptcy filings are on the increase (https://finance.yahoo.com/news/2019-is-the-first-time-in-in-8-years-that-bankruptcy-filings-are-projected-to-rise-abi-221249707.html ; producer is Yvette Killian).The article states that according to the American Bankruptcy Institute, U.S. bankruptcy filings in July 2019 were up 3% from the same time a year ago. The article continued to state that “bankruptcy filings are on the rise as Americans pile up more debt. The latest ABI data pegs household debt near $14 trillion, which is $1 trillion more than the 2008 Great Recession peak.”At Shenwick & Associates we have been extremely busy this summer with bankruptcy filings and workouts for both individuals and businesses, and we expect this trend to continue in 2019 and 2020 given the rise in debt usage.In Jim Shenwick’s opinion in New York , we are seeing a “Tale of Two Cities” in that a segment of the population is doing extremely well, but many sectors in the city are hurting and at risk.Uber, Via and Lyft have hurt taxi medallion owners. Last month's taxi medallion sales were at approximately $130,000 per medallion, down from $1,300,000 three years ago. Politicians have not successfully addressed these issues to date.Vanguard has hurt the hedge fund industry, with many funds closing.Amazon is hurting retail and many retail stores in the city are closing, evidenced by the vacant storefronts we see on each block.Restaurants have been hurt and continue to be hurt by the increase in the minimum wage to $15 per hour, which has squeezed the bottom line. Many restaurants have closed or filed for bankruptcy as they are no longer profitable. Restaurant owners have also individually filed bankruptcy due to property lease guarantees they may have signed. Many young people are overburdened by student loans and have substantial credit card debt.Bankruptcy or out of court workouts may be a solution for some of the above-mentioned problems faced by individuals and businesses, and Jim Shenwick 212-541-6224 jshenwick@gmail.com can assist with those issues. James ShenwickShenwick & Associates122 East 42nd St. (42nd & Lex. Ave SW Corner)Ste 620New York, N.Y. 10168Bankruptcy & Creditor’s Rights“We always appreciate referrals”(W) 212-541-6224 ext. 113Cell Phone: 917-363-3391Fax 646-218-4600 E Mail: jshenwick@gmail.comWeb: http://jshenwick.googlepages.comBlog: http://shenwick.blogspot.comLinkedIn: http://www.linkedin.com/in/jamesshenwick
According to the AARP, about 6 million Americans currently receive survivor benefits, which are benefits paid by the Social Security Administration (SSA) to eligible widows, widowers, and other family members after a wage earner passes away. Survivor benefits are intended to help compensate for some of the decedent’s wages, easing the financial pressure on surviving […] The post Can a Widow Collect Her Husband’s Social Security in Pennsylvania or NJ? appeared first on .
New Bankruptcy Towing and Storage Scam Don sent me today a letter offering him a $1000 for the car he’s giving up as part of his bankruptcy. (He owes way more than the car is worth.) An outfit calling itself Towing and Storage offers to give him $1000 to avoid “the hassle” of dealing with […] The post Bankruptcy Towing and Storage Scam by Robert Weed appeared first on Robert Weed - AE.
Often when meeting with clients that have previously met with other counsel, they indicate that they had not seen the debt relief agency disclosures I provide them at the start of the initial consultation. While the requirements for such disclosure seems clear in 11 U.S.C. §527, there appears to be lack of recognition or diligence by many counsel in following the law. This issue came back to bite debtors' counsel in In re Davis, 2019 Bankr. LEXIS 2771, Case #16-33116 (Bankr. N.J. 29 August 2019). This involved a chapter 13 case where the debtor sought disgorgement of counsel's fee asserting that counsel colluded with the trustee by failing to object to the trustee's certification of default and allowing a late mortgage claim. At the hearing on the motion, the court sua sponte raised the issue of compliance with §527. Counsel initially appeared unfamiliar with these requirements, and ultimately acknowledged that he failed to give the debtor the §527 disclosures in writing as required by the Bankruptcy Code. §§526-528 set forth certain obligations for 'debt relief agencies' (debtor attorneys), dealing with 'assisted persons' (debtors). A debt relief agency is any person who provides any bankruptcy assistance to an assisted person in return for payment1, and includes consumer bankruptcy attorneys. An assisted person is any person whose debts consist of primarily consumer debts and the value of whose nonexempt property is less than $192,000.2 Section 527 requires certain disclosures to debtors, including written notice as to the requirement to provide accurate and complete information in the petition and disclosure of all assets and liabilities. §528 requires that a contract between counsel and debtor be in writing and clearly and conspicuously explain both the scope of services that counsel will provide and the fees or charges for such services. The contract must be entered within 5 days of the first date on which counsel provided assistance to the debtor. Under §526(c) any contract that does not comply with the requirements of §§527 or 528 shall be void and may not be enforced by any Federal or State court, and such counsel shall be liable to the debtor in the amount of any fees or charges counsel received, for actual damages, and for reasonable fees and costs if counsel is found to have intentionally or negligently failed to comply with any provision of §§526-528. The court in In re Seare3 order disgorgement of all of counsels fees where though he provided a written contract with the debtor at the initial consultation, counsel had not signed such contract, and failed to clearly and conspicuously explain the scope of services and fees when the debtor retained him. Similarly, debtor's counsel in In re Hanawahines4 was ordered to disgorge all fees under §526(a)(1) due to failing to perform all the services promised in the retainer agreement. The court considered it incredible that counsel not only violated the Bankruptcy Code requirements, but that he refused to acknowledge that he committed a serious error. The court found counsel's actions egregious due to the nature of the case, as debtors are particularly vulnerable individuals. The court ordered disgorgement of the $3,473.07 legal fees and $430 in costs debtor had paid to counsel.1 11 U.S.C 109(12A)↩2 F1 U.S.C. 109(3)↩3 493 B.R. 158, 214 (Bankr. D. Nev. 2013), affirmed 515 B.R. 599 (B.A.P. 9th Cir. 2014).↩4 577 B.R. 573, 579-80 (Bankr. D. Haw. 2017).↩Michael BarnettMichael Barnett, PA506 N Armenia Ave.Tampa, FL 33609-1703813 870-3100https://hillsboroughbankruptcy.com
From: Time.ComBy: Sen. John Thune and Sen. Mark Warner https://time.com/5662626/student-loans-repayment/
A stroke, or cerebrovascular accident (CVA), is a serious, potentially life-threatening condition that occurs when a blood vessel ruptures or creates a blockage, preventing normal flow of blood to the brain. Sometimes, this blockage resolves on its own, restoring normal blood flow. When this occurs, the event is described as a “mini” stroke, or, to […] The post Can You Get Disability for a Mini Stroke in New Jersey or Pennsylvania? appeared first on .
If you are involved in a minor car accident that results in minimal or no damage to the vehicles, such as a fender bender where nobody involved is injured, are you required to report the accident to the police? Here, traffic and automobile accident attorney Jeffrey Scholnick explains whether or not minor vehicular accidents need to be reported. Do I Need to Report A Fender Bender? While some states require you to report any type of accident, no matter how minor, Maryland law states that minor vehicular accidents that result in no injuries and little-to-no damage to the vehicles involved are not required for investigation by police. Example accidents that do not legally require the police to be notified include minor fender benders such as a vehicle tapping the bumper of another vehicle at a stop sign or red light. While there may not be a legal requirement to report fender benders, it is always advisable to report a vehicular accident, no matter how seemingly minor. It is a legal requirement, however, to exchange information with the other driver in a fender bender and move safely off the road if possible. When Am I Required to Report a Vehicular Accident? Legally, the only accidents in which police involvement is required are instances where: an individual is injured, a vehicle is required to be towed or cannot be moved safely, a driver is under the influence of drugs or alcohol, a driver does not have a license, public property is damaged, a domestic animal is hit, a hit-and-run occurs, or if a driver refuses or is unable to exchange information. Am I Required to Notify My Insurance Company? While it is not a legal requirement to report a minor accident to the police, it is typically a requirement to notify your insurance company, no matter how seemingly insignificant the accident was. In addition, it is always recommended to notify law enforcement of the accident, even if it appears to be minor. This is because the effects of accident-related injuries, such as bruising, stiffness and pain, can be delayed after an accident occurs—in other words, if you fail to file a police report, and later realize that you are hurt and that your car experienced more damage than you originally noticed, this could result in a liability dispute if you later claim that an accident did happen and caused personal injury. In order to obtain a record of exactly what happened at the scene of an accident to protect you from a false or exaggerated claim later on, it is best to notify law enforcement about a fender bender. They may only require a mere exchange of information at the scene, which will provide the security that the incident did occur in case it is later disputed. Discuss Your Car Crash Claim With Car Accident Attorney Jeffrey Scholnick Because more than half of all vehicular accidents in Maryland result in personal injury, it is recommended to involve law enforcement in an accident, even a minor fender bender, to protect you and document what actually happened in case your claims are ever disputed. It is also advisable to discuss your individual case with a car accident attorney, such as car accident attorney Jeffrey Scholnick, before you notify your insurance company about an accident. If you were involved in a car accident in the state of Maryland and seek a qualified car accident attorney to provide you with legal counsel, contact The Law Offices of Jeffrey Scholnick today. The post Fender Benders: Do Minor Vehicular Accidents Need to Be Reported? first appeared on Scholnick Law.
How Payday Loans Could Cause a Potential Bankruptcy We all get into a money crunch from time to time. Then we end up using credit cards to take care of our needs, or we might ask a friend or family member for a small loan. But if you don’t have those resources available or if your debts have gotten to the point that you can’t keep up anymore, you may have to start looking for alternate options. A payday loan is a popular option because it offers instant cash for those who don’t have good credit or who have limited financial resources. The only thing you have to do to get the loan is show that you have a paycheck coming. The problem with payday loans is that they are way too accessible to those who shouldn’t be taking on more debt and that they come with outrageous interest rates. Many payday loans charge as much as 400 percent interest. You can easily pay back the loan two or three times over in a very short amount of time. Repaying the Loan When you first take out a payday loan, you may have the option to write a check for the full amount plus any interest and fees. You can post-date the check and leave it with the lender. When you are paid, the lender will cash the check and the loan will be paid in full. The problem with this scenario is that you are likely going to find yourself in the exact same situation that led you to taking out the loan in the first place. You are going to be left with no money until your next paycheck comes. You may even be in the negative a bit if you didn’t have enough to cover interest and fees. You’ll either have to take on another loan or find other ways to borrow, putting you in a perpetual debt cycle. You can also choose to pay the loan back yourself in increments, but you’ll be running against the problem of the excessive interest rates. Your debt will quickly balloon, and you will add to your financial pressures. You’ll soon get harassing phone calls from the payday lender, and you may even face threats of a lawsuit. You will have only compounded your financial problems. Bankruptcy for Debt Relief Filing for bankruptcy is an effective way to get the debt relief you need without creating more problems for yourself. If you file for Chapter 7 bankruptcy, you may be able to discharge all your unsecured debts, which include credit cards, payday loans, medical bills, and other personal loans. You can file for bankruptcy to avoid taking out a payday loan, or you can file for bankruptcy to deal with the problems caused by taking out a payday loan. If you file for Chapter 13 bankruptcy, you can get a three- to five-year repayment plan that lets you get a better handle on your debts. Your interest rate will be lowered, and your monthly payment will be more affordable. Any debt leftover at the end of the repayment period can likely be discharged. Bankruptcy can help you get out from under crushing debt and start taking control of your finances again. In certain cases, it can even help you hang onto your home or your vehicle. It can free up the money each month to take care of your needs, to minimize your debt, and to start building the safety net you don’t have now. Talk to an experienced bankruptcy lawyer in Mesa to learn how bankruptcy might be able to help you get debt relief. My AZ Lawyers helps people in the Phoenix, Glendale, Mesa, and Tucson areas get debt relief through bankruptcy. Talk to one of our bankruptcy attorneys about whether you qualify for Chapter 7 or Chapter 13 bankruptcy. Your lawyer will thoroughly review your finances to help you understand which filing would help you get the maximum financial benefits. Your attorney will then file quickly to help you get debt relief as soon as possible. Contact us today o speak with an experienced bankruptcy attorney about your options. We’re ready to help you start rebuilding a life free of debt. Published By: My AZ Lawyers Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 399-4222 The post How Payday Loans Could Cause a Potential Bankruptcy appeared first on My AZ Lawyers.
Is your monthly car payment too high? Are you struggling to pay your monthly bills, and are in danger of falling behind or have already fallen behind on your car payments? Chances are you are reading this article because you have a monthly car payment and other bills you are having trouble paying, and you are considering filing bankruptcy. You may have heard that filing a bankruptcy petition entitles you to modify your car loan and pay less for your car than you promised to pay when you purchased it. This is true, if certain conditions are met. This article addresses the effect of filing a Chapter 13 bankruptcy petition upon your obligations under a retail installment contract for the purchase of an automobile. In other words, this article will tell you the basics of when and how you can modify your car loan, pay less for your car over a greater amount of time, and keep your car. As a Philadelphia bankruptcy attorney, I have done this successfully for my clients many times. What Does “Cram Down” Mean? When you file a Chapter 13 bankruptcy petition, your creditors are notified that they can file a “claim” in the amount owed by you. If you own a car but still owe money on the loan, that creditor will file a claim for the amount you owe, and that claim is “secured” by that car. However, the timing of the purchase of the car relative to the filing for bankruptcy may serve to greatly reduce that secured creditor’s claim to what the car is currently worth. This reduction is called a “cram down” and is available when you file your Chapter 13 bankruptcy petition 910 days or more after purchasing your car. Any sooner, and you will have to pay the full loan balance owed to that creditor. But if your loan qualifies, and your loan balance is greater than the amount the car is currently worth, you can force that creditor to accept payment of the car’s current value in full satisfaction of the loan just by filing a Chapter 13 bankruptcy petition and proposing to pay the car’s current value over time through your Chapter 13 plan. “Cramming Down” an Auto Loan Reduces Your Debt This may sound complicated at first, but consider this hypothetical example: let’s say you took out a five-year loan when you purchased your car four years ago (that’s 365 days/year multiplied by four years, which is somewhat greater than the 910 days required). With a year left on the loan term, you now owe $6,000 on the loan and you file your Chapter 13 bankruptcy petition. Your creditor files a secured claim for $6,000, but you can show the vehicle is currently worth only $2,500. In this instance you can cram that creditor down and pay that creditor only the $2,500 through your Chapter 13 plan in full satisfaction of this loan and the creditor’s claim. When you’ve completed your Chapter 13 plan, you own your car. Cram Down Extends the Time to Pay Off Your Car Loan “Cram down” is a powerful tool for a second reason: in this example, not only will your obligation to this creditor be reduced from $6,000 to $2,500, but you will get more time to pay that $2,500 than the year left on the loan term, because that creditor will be paid the $2,500 through your Chapter 13 plan which can typically take three to five years to complete. Therefore, “cram down” not only allows you to pay less for your car in total, but gives you a longer period of time to pay it off, and upon successful completion of your Chapter 13 plan, the car is yours. The Impact of Cram Down on Co-Signers Although this simple scenario is an accurate illustration of the basic principles of “cram down,” many contingencies commonly arise that will affect your ability to cram down a car loan and the extent to which your loan obligation can be reduced. For example, if there was a co-signer on the loan who is not in bankruptcy, that individual’s obligation for the full amount of the loan is not affected by your bankruptcy. This is something you want to consider when contemplating a cram down, and you should consult with your attorney about the ramifications of that for you and for the co-signer. Modifying the Interest Rate and Creditor Resistance The issue of the appropriate interest rate to be applied is a hot subject for debate and requires skillful negotiation with the creditor to avoid paying more over time than you are required to pay. It is understandable that creditors will resist being crammed down. One way in which they do this is to challenge your asserted value of the car and the valuation method used, and assert in turn that the car is worth more than you say it is. The condition of your car and its current value and how to calculate that value are important factors in calculating the cram down, and these are frequently issues that are subject to costly litigation if negotiation is not successful. The issue of valuation also arises in those close cases where the creditor asserts you have “equity” in the vehicle (in other words, you owe less on your loan than what the car is currently worth) and that therefore you must pay the amount due under the loan. However, if you can show that your car is in fact worth less than the amount you owe on the loan, you can still cram this creditor down and pay less. This is Not Advice for Filing Chapter 13 Please take note of this important caveat: this article is not legal advice, nor is it intended to be legal advice. The purpose of this article is merely to illustrate one possible advantage of filing a Chapter 13 bankruptcy petition if you have a car loan that qualifies for “cram down.” This illustration is but one way in which the Bankruptcy Code can be a powerful tool for an honest but unfortunate debtor like yourself, when utilized fully. While it is certainly possible to file your petition pro se, an experienced bankruptcy attorney can guide you through the intricacies of “cram down” and ensure that you pay only what you need to pay for your car and no more. The post Lower Your Car Payment With Chapter 13 “Cram Down” appeared first on Bankruptcy Lawyer in Philadelphia PA | David M. Offen Attorney at Law.