Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial intelligence. My concern, based on a couple of casual forays into AI, […] The post Today’s AI Stands To Create Work For Lawyers appeared first on Bankruptcy Mastery.

"Facing Bankruptcy After a $700 Million Bailout"" New York Times article about Wasted Pandemic Loans from Government.  The article can be found at https://www.nytimes.com/2023/06/27/business/yellow-trucking-bailout-teamsters.htmlJim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Social Security Disability Insurance (SSDI) is a program that provides benefits to workers who have become unexpectedly injured before reaching the age of retirement. You can earn coverage under this program by working and paying social security taxes on your earnings. In New Jersey, your SSDI benefits are calculated based on your work history, earnings record, and the severity of your disability. Unfortunately, the process of applying for these benefits can complicated. There are multiple reasons that the Social Security Administration (SSA) may choose to deny your claim. If you need to apply for SSDI benefits in New Jersey, get help from our experienced New Jersey disability lawyers at Young, Marr, Mallis & Associates by dialing (609) 557-3081. Calculating SSDI Benefits in New Jersey SSDI benefits in New Jersey, like in other states, are calculated based on several factors. These factors can include an applicant’s work history, earnings record, and the severity of their disability. The Social Security Administration (SSA) will follow certain guidelines when awarding these benefits. Still, each case is unique. Our experienced Marlton, NJ disability attorneys can review your application to determine how each of the following factors may affect the amount of benefits awarded in your case: Work Credits and Eligibility To qualify for SSDI benefits, an applicant must have accumulated a sufficient number of work credits. Work credits are earned by working and paying Social Security taxes. The number of work credits required for eligibility depends on the applicant’s age at the time of disability onset. In general, younger individuals require fewer work credits than older individuals. The SSA determines an applicant’s eligibility based on their work history and the number of work credits they have earned. Average Indexed Monthly Earnings (AIME) After establishing eligibility, the SSA calculates the applicant’s Average Indexed Monthly Earnings (AIME). The AIME is determined by adjusting the applicant’s lifetime earnings for inflation using the national average wage index. The SSA considers the applicant’s highest-earning years, up to a maximum of 35 years, when calculating the AIME. The more an applicant has earned during their working years, the higher their AIME will be. Primary Insurance Amount (PIA) The AIME is then used to calculate the applicant’s Primary Insurance Amount (PIA). The PIA is the base amount of SSDI benefits the applicant is entitled to if they reach full retirement age. Full retirement age varies depending on the applicant’s birth year. For example, for individuals born in 1960 or later, full retirement age is 67. The SSA applies a formula to the AIME to determine the PIA. Disability Benefit Calculation The next step involves adjusting the PIA to account for the applicant’s disability and age at the time of disability onset. The SSA uses a formula to calculate the applicant’s disability benefit, which takes into consideration the PIA and the applicant’s disability onset date. The formula reduces the PIA based on the number of months between the full retirement age and the disability onset date. The reduction is typically a fixed percentage for each month. Family Benefits In certain cases, family members of the disabled worker may also be eligible for SSDI benefits. Spouses, children, and even divorced spouses may be entitled to auxiliary benefits based on the disabled worker’s record. The total amount of benefits payable to the family is subject to a maximum limit known as the Family Maximum Benefit. If the sum of all family benefits exceeds this limit, each family member’s benefit is reduced proportionately. Cost-of-Living Adjustments (COLA) SSDI benefits are subject to annual Cost-of-Living Adjustments (COLA) to account for inflation and rising living expenses. The SSA determines the COLA based on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The COLA percentage is applied to the applicant’s benefit amount to ensure that it keeps pace with the cost of living. Common Reasons Why SSDI Applications are Denied in New Jersey There are many potential reasons why your application for SSDI benefits may be rejected. For instance, the following are common reasons why SSDI applications are denied in New Jersey: Insufficient Medical Evidence One of the primary reasons for denial is a lack of sufficient medical evidence to support the claimant’s disability. This could occur if the medical documentation fails to demonstrate the severity and duration of the impairment, or if there is a lack of medical records altogether. It is crucial for applicants to provide detailed medical records, including diagnoses, treatment history, and objective medical evidence, to support their claim. Failure to Meet the Duration Requirement To qualify for SSDI benefits, the disability must be expected to last for at least 12 months or result in death. If the medical evidence does not establish the anticipated duration of the impairment or if the condition is expected to improve within 12 months, the application may be denied. It is important to provide medical documentation that clearly indicates the long-term nature of the disability. Engaging in Substantial Gainful Activity (SGA) SSDI benefits are reserved for individuals who are unable to engage in substantial gainful activity, meaning they cannot work and earn above a certain income threshold. If the Social Security Administration determines that the claimant’s work activity exceeds the SGA limit, their application may be denied. It is crucial to provide accurate and detailed information about any work activity to avoid this denial reason. Failure to Follow Treatment If an applicant fails to comply with prescribed medical treatment without a justifiable reason, their SSDI application may be denied. The Social Security Administration expects individuals to undergo appropriate medical treatment to improve their condition or alleviate symptoms whenever possible. Failure to follow prescribed treatment may raise doubts about the severity of the disability and its impact on the ability to work. If You Need to Recover SSDI Benefits in New Jersey, Our Law Firm Can Help Seek guidance from our experienced Trenton, NJ disability lawyers by calling Young, Marr, Mallis & Associates at (609) 557-3081 to review your case for free.

Hands up, everyone who has encountered a claim that a debt is non-dischargeable by reason of §523(a)(14). That’s what I thought: nada, or next thing to it. Despite watching for it, I hadn’t seen one til this year when AmEx filed an adversary in a case in which I was peripherally involved. My copy of […] The post The Neglected Non-dischargeability Provision appeared first on Bankruptcy Mastery.

The Motley Fool has an article titled "Behind on Student Loan Payments? Here's How It Can Impact Your Credit Score". The article can be found at https://www.fool.com/student-loans/2023/06/25/behind-on-student-loan-payments-heres-how-it-can-i/Jim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

It is very difficult to escape debts, and wage garnishment is one way that courts make debtors pay up. Wage garnishments can be a significant financial burden and are not always fairly imposed. When wages are garnished in Pennsylvania, the courts require that a certain percentage of the debtor’s pay is withheld and given to creditors and other debt holders. If your wages are garnished, speak to an attorney to make sure the garnishment is fair and legal. If it is not, your lawyer can help you submit an appeal to the Pennsylvania Department of Revenue Board of Appeals. Remember, only certain debts warrant garnishment, and wages can only be garnished up to limited amounts. If an appeal is unsuccessful, you should discuss the possibility of filing for bankruptcy with an attorney. A bankruptcy petition would stop the garnishment and help you manage, pay, and discharge many of your debts. For a free case review about your wage garnishment situation, call our Pennsylvania bankruptcy lawyers at Young, Marr, Mallis & Associates at (215) 701-6519. What Happens When My Wages Are Garnished in Pennsylvania? Wage garnishment is never a pleasant experience. Often, it comes as a last resort when debtors cannot or will not pay back debts. When a person’s wages are garnished, the Pennsylvania Department of Revenue orders that a certain amount of money is withheld from their paycheck each pay period until the debt is fully paid. If your debts are significant, you might live with garnished paychecks for a long time. Wage garnishments are an administrative decision rather than a judicial one. This means that the Department of Revenue may impose the garnishment without needing a court order, although a court order might be involved. However, the Department is limited in how much of your wages they can garnish. The limits depend on the nature of your debts, but only a certain percentage may be garnished and no more. For example, if you have unpaid federal student loans, no more than 15% of your wages may be garnished. Garnishments usually do not go away until the debt in question is paid. However, you can take legal action to appeal a garnishment you believe is unfair, exceeds legal limits, or otherwise violates the law. Our Philadelphia bankruptcy attorneys can help you determine if you have any grounds to appeal the garnishing of your wages. Appealing a Wage Garnishment in Pennsylvania You and your attorney must submit a petition to the Pennsylvania Department of Revenue Board of Appeals to appeal the garnishing of your wages. Petitions may be filed online or through the mail. Your petition should explain why you are appealing, meaning why the garnishment is unlawful. You might have various grounds for appeal. For example, Pennsylvania is very restrictive about when wages can be garnished, and only very limited situations warrant the garnishing of earnings. According to 42 Pa.C.S. § 8127(a), wages may only be garnished for debts related to divorce, child or spousal support, board of 4 weeks or less, specific kinds of taxes, student loans, criminal restitution, and back rent on residential lease agreements. If your wages are being garnished for an entirely different reason, you might have grounds for appeal. You should submit any evidence you want to be considered with your appeal petition. While your appeal is pending, the garnishment will remain on your wages. Garnishments are only removed if the Department decides to end it, the debt is paid, or your appeal is successful. Even if you are actively disputing the garnishment, it will remain in effect, and you will continue to lose wages. Fighting a Wage Garnishment in Pennsylvania If your appeal is unsuccessful, you can talk to an attorney about other legal options. In many cases involving wage garnishment, the garnishment is only a Band-Aid solution, meaning there is a much larger financial problem that the garnishment alone cannot solve. One option is to file for bankruptcy. Contrary to popular belief, filing for bankruptcy is not a punishment nor a shameful process. Bankruptcy is a solution to serious financial problems, particularly severe debt. One critical component of the bankruptcy process is the automatic stay imposed by the courts. Once your bankruptcy petition is filed, the courts issue an automatic stay that prevents creditors from trying to collect on debts. This includes any wage garnishments. In short, a bankruptcy petition should put a stop to the garnishment of your wages, at least for the time being. You should consider filing for bankruptcy if you have significant debts you cannot pay for. Often in these situations, wage garnishments make the situation harder for petitioners. Talk to an attorney about your financial situation to see if you are eligible for bankruptcy. Can I Be Fired Over Wage Garnishments in Pennsylvania? When the Department of Revenue garnishes your wages, your employer must be notified of the situation. Usually, the Department orders an employer to withhold a certain percentage of someone’s pay and remit it to the Department. In some cases, employers might find the entire process more trouble than they are willing to deal with, and they might try to fire you. Rest assured, there are legal restrictions on termination when it comes to garnishments. Under federal law, your employer cannot terminate you over a single garnishment order. However, federal law does not protect you if you have multiple garnishment orders. Alternatively, you could quit your job to avoid the garnishment. While this is possible, there might be unforeseen consequences. If creditors or the Department of Revenue believe you are deliberately evading paying your debts, they might take more extreme legal action against you. Definitely speak to an attorney before leaving your job over a garnishment order. Call Our Pennsylvania Bankruptcy Attorneys if Your Wages are Garnished Call our Warminster, PA bankruptcy lawyers of Young, Marr, Mallis & Associates at (215) 701-6519 to set up an appointment for a free case valuation regarding your wage garnishment and bankruptcy petition.

The Bankruptcy Code’s “Automatic Stay”[3] is its “fundamental” protection.”[4] In summary, it enjoins efforts to prosecute claims against debtors or gain possession or control the bankruptcy estate’s[5] property.The Automatic Stay: a.) offers debtors “breathing room” during the period of financial

Equity security holders[2] or investors [3] (“Equity Holders”) in debtor entities are usually subordinated to creditors’ claims in bankruptcy cases.[4] This need not always be so.

For a system that is supposed to rehabilitate personal finances and set debtors back on their feet, Chapter 13 nationwide is schizophrenic about on- going retirement savings, divided about whether post petition contributions to retirement accounts preclude confirmation of a Chapter 13 plan. Are 401(k) Contributions Disposable Income Or Not? Too many courts, in my […] The post Are 401(k) Contributions Disposable Income Or Not? appeared first on Bankruptcy Mastery.

How to File Bankruptcy for Credit Card DebtInvestor Times has a helpful article about how to file bankruptcy to discharge credit card debt.  The article can be found at  https://investortimes.com/how-to-file-bankruptcy-for-credit-card-debt/Jim Shenwick, Esq  917 363 3391  jshenwick@gmail.comPlease click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!