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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Here’s What We Need for our Second Meeting

Here’s what we usually need for our second meetingMy Be Happy form asks the information the bankruptcy court needs to approve your case. So we can “be happy.”The Be Happy form is mostly bio information that we need to get your case approved.  You can start here.  (Please don’t budget too low on your food and clothes.)We’ll need a credit report. You have a legal right to get a free one at annualcreditreport.com. Usually, TransUnion is the easiest one of the three to download and read. They’d rather you pay than get a free one, so they make it just a little complicated. Vanessa can take you through it if you have any trouble,Vanessa will also set up document portals for the required documents. Last year’s taxes, seven months of pay stubs, your ID and Social Security card.I’m required to send you these fine-print notices.This links to the way I calculate your legal fee.  This is the price set by the court for Chapter 13 bankruptcy cases.   The post Here’s What We Need for our Second Meeting appeared first on Robert Weed Bankruptcy Attorney.

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The Latest Things you Need to Know About Student Loan Bankruptcy

The Latest Things you Need to Know About Student Loan Bankruptcy Ed Boltz Thu, 04/04/2024 - 16:34 Here's a breakdown of the latest developments regarding filing student loan debts in bankruptcy: Historically Difficult, Now Easier Undue Hardship Standard: It's been notoriously difficult to discharge student loans in bankruptcy. You must prove to the court that repaying the loans would cause "undue hardship" on you and your dependents. This has been  a high bar to meet. Changes to Student Loan Discharge: In November 2022, the Departments of Justice and Education introduced changes that had been under consideration under both the Biden and Trump administrations to the process aiming to make it easier for borrowers to potentially discharge federal student loan debt in bankruptcy. New Streamlined Path: The process now includes a form borrowers can use to  certify their financial situation. The Department of Justice can potentially agree to a discharge recommendation without extensive court proceedings. The final decision still rests with a bankruptcy judge. Key Points to Understand Success Not Guaranteed: While the process has been simplified somewhat, successfully discharging student loans in bankruptcy remains challenging. Undue Hardship Requirement Remains: You'll still need strong evidence that repayment imposes an undue hardship on your life in order to succeed. Adversary Proceeding: Discharging student loans in bankruptcy requires a separate legal filing within your bankruptcy case called an adversary proceeding. Private Loans: The streamlined process does not apply to private loans. Their dischargeability depends on the specific loan terms. What Does This Mean? More Borrowers Are Trying: Increased awareness of these legal changes has led to more borrowers attempting to discharge their student loans through bankruptcy. Early Successes: The first year since the process was changed has seen a significant number of cases with full or partial discharges granted. Important Considerations It's Not Automatic: Bankruptcy doesn't erase all debts. Student loans might not be automatically discharged even if other debts are. Impact on Credit: Filing bankruptcy itself will negatively impact your credit score. Professional Advice is Crucial: If you're struggling with overwhelming student loan debt, consider consulting with both a student loan specialist and an experienced bankruptcy attorney to fully explore your options. Blog comments Category Student Loan Debt

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Ed Boltz Reveals There is Hope For Student Debt In Bankruptcy

Ed Boltz Reveals There is Hope For Student Debt In Bankruptcy masteradmin Tue, 04/02/2024 - 19:32 A federal program has been reported to make it easier to get student loan debt discharged in bankruptcy. This is nothing new over the last two years but has been sluggish in making clear headway. At the moment, only a small number of student loan debt applicants have had their debt discharged. However the problem is not enough attorneys or judges are familiar with the process.  Federal student loans were not always so burdensome to borrowers. In 1998 the Higher Education Amendments Act made them nondischargeable in bankruptcy except in cases of "undue hardship." Prior to that law, that standard only applied for the first decade after a student graduated. Now, consumer bankruptcy attorneys say they are hopeful the new program can provide an escape hatch for the otherwise grueling standard. After the U.S. Supreme Court dashed hopes of sweeping student loan forgiveness via executive order in 2022, the U.S. Department of Justice and U.S. Department of Education attempted to make some measure of change on their own by opening avenues for debtors to argue their debt should be discharged. Under the new, streamlined process, a bankrupt debtor files a 15-page attestation thoroughly describing their financial situation as well as an adversary complaint against the DOE. After assistant U.S. attorneys review the case, the government may choose to stipulate that the applicant qualifies under the undue hardship standard and that it does not oppose the debt being discharged. DOJ Promises The new guideline does not change the undue hardship standard, but it simplifies the process and states how cases are evaluated more explicitly than before, according to the DOJ. The DOJ released a report in November calling the new guidelines "successful," touting 632 adversary proceedings filed in the first 10 months of the program — a figure that experts told Law360 was underwhelming. For Vivian Houghton, a Delaware-based bankruptcy attorney, the DOJ got debtors' and their attorneys' hopes up only to dash them with a process that roughly costs the same and comes with a similar level of uncertainty. "You've got a lot of disappointed people. Disappointed but not surprised," Houghton said. "I thought the ideas were good, but we were made promises that our documents would be looked at, that it would be user friendly, and it turned out not to be true." The DOJ said in its report that 99% of cases in which a court rendered a judgment led to some debt discharge and that the process was working well. The agency declined to answer questions sent by Law360 and to provide updated figures. The DOE referred questions back to the DOJ. Stretto's Roitburg said of those 632 filings, only about 120 received decisions, and 84 of those borrowers received full or partial discharges — or 13% of the total. The DOJ's argument that the majority of cases in which a judgment was entered is misleading, according to Roitburg, because an unsuccessful attempt at getting a discharge will result in a dismissal, meaning the court will not enter a judgment. Roitburg also cited separate data gleaned from the firm's analyzer tool, which showed that lawyers had used it to file 181 adversary cases from Feb. 2023 through the end of Jan. 2024, of which 142 are still pending. Of the resolved cases, 16 were dismissed. For the 23 cases that resulted in a stipulation — leading to the discharge of $2 million worth of student loans — borrowers had to wait 162 days on average for a decision, according to Roitburg, who blamed the delays on insufficient funding. The delays can be attributed to the time it takes for consumer bankruptcy attorneys — who are not always trained in litigation and adversary proceedings — to level up, as well as for the feds to adapt to a new approach, according to Ed Boltz, a bankruptcy attorney at the Law Offices of John T. Orcutt and former president of the National Association of Consumer Bankruptcy Attorneys. "The Department of Ed had to staff up for this too, and had to educate all the AUS As across the country because it was a change for them. For the longest time, if you had one of those cases where student loans were discharged, that was a loss. You'd failed," Boltz said. The government's new mentality is more conciliatory, along the lines of, "our job is also to protect our citizens who need relief," Boltz said. "That's a win."Lawyers Still Adjusting Another reason for the low numbers of adversary proceedings is that consumer bankruptcy lawyers are still educating themselves on the process as well. Many are not accustomed to litigation and adversary proceedings, which are not part of the usual course of their business, Johnson told Law360. Some attorneys are waiting for the process to have been in place for a few years to suss out the territory before they wade into it themselves, Boltz said, and others have fired off many adversary proceedings at once with less than stellar results. "Some people have been hesitant and others have charged in too quickly," Boltz said. An adjustment period is also going to be necessary for judges, some of whom are accustomed to viewing themselves as backstopping the federal budget and thus may be reluctant to let debtors off the hook, Boltz said. Data analyzed by Stretto shows that the judge handling a debtor's case can affect the outcome, with some judges dismissing every case that has come before them and others granting every case. In the early stages of the new process, attorneys may prefer to bring only their strongest and most sympathetic cases in venues where the judges have a track record of being skeptical, according to Boltz. "We want to warm up the judges who are lukewarm with the right debtor, with a sympathetic debtor," Boltz said. Attorneys should also make sure they know the undue hardship requirements down pat and not just argue that the debtor cannot afford to make payments. "I tell people to make sure you know what you're doing; there's nothing that will make a judge angrier than muddling around," Boltz said. "Go in with greater preparation rather than just say, this debtor clearly can't pay their student loans." To help the judge understand their client's circumstances, attorneys should attach a copy of the attestation to their complaint under seal, so that the judge can see it but the public cannot. "The complaints filed in this case are not super detailed, and you still want to protect your client's privacy," Boltz said. Ultimately, Houghton said, the real fix is not improving the adversary proceeding process but a change in legislation. The status quo under which student loans are generally nondischargeable is only 26 years old, and it could be undone by Congress. Houghton said it should be, to undo the bind of student loan debt being treated differently than any other type of debt. "In a Chapter 7, if you came to me with a million in gambling debt over at Delaware Park [Casino] and asked if it could be discharged, my answer would be yes. But student debt, no," Houghton said. "So you might want to give it a try and see if you can make a few bucks and pay off this student debt." Blog comments Category Student Loan Debt

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Differences Between Foreclosure and a Sheriff’s Sale in PA

When your property is being sold off to satisfy creditors, you should receive a notice for foreclosure and a sheriff’s sale. While these processes are related, there are differences between them that can seriously impact your case. If you are behind on your payments and your creditor has filed suit against you, you are facing foreclosure. This is only the beginning of losing your property, though, as the sheriff’s sale acts as the mechanism to sell it to another party. Fortunately, our team can help you develop a strategy that can stop this, regardless of which stage of the process you are in. After reviewing your case, we will better understand your financial situation and the options that makes available. Even if you decide you want to sell the property, we can help so that the sale satisfies your debts. Contact Young, Marr, Mallis & Associates at (215) 701-6519 for a free case review with our Pennsylvania property attorneys. What Are the Main Differences Between Foreclosures and Sheriff’s Sales in Pennsylvania? In Pennsylvania, the processes of foreclosure and sheriff’s sales are intertwined yet distinct, each playing its role in how properties with unpaid mortgages or taxes are dealt with. Fortunately, our Pennsylvania property lawyers can help explain the distinctions and how to address each situation. A foreclosure will be the first part of the process initiated by the lender, like a bank or mortgage company, when a homeowner fails to make mortgage payments. Through foreclosure proceedings, the lender can attempt to recover the balance of a loan from the homeowner who has stopped making payments. To foreclose on a home, though, a lender must file a complaint in the Court of Common Pleas and obtain a judgment against the homeowner. A sheriff’s sale, on the other hand, is the culmination of the foreclosure process, where the property is auctioned to the highest bidder. It is a means by which the foreclosing entity, whether it be a bank, tax authority, or homeowners’ association (HOA), regains title to the property and auctions it off to satisfy the outstanding debts. How Can I Contest a Foreclosure in Pennsylvania? You can contest a foreclosure in a number of ways. In every case, homeowners have the right to respond to the foreclosure complaint by filing an answer with the court. This response can challenge the foreclosure on various grounds, such as errors in the mortgage or servicing process, lack of standing by the lender, or violations of state and federal mortgage laws. By filing an answer, you move the case into the litigation process, potentially leading to a more favorable outcome for you and your family. Arranging to catch up on missed payments through loan modification or forbearance could also prevent foreclosure. However, this option typically requires skillful negotiation with the lender but can provide a viable path to keeping your home. Some Pennsylvania counties also offer pre-foreclosure mediation programs designed to help homeowners and lenders find alternatives to foreclosure. Participation in these programs can delay the proceedings and often lead to a modified loan agreement or another solution that allows you to avoid foreclosure. However, if you lose in a pre-foreclosure mediation or initial hearing, you usually have the right to appeal to a higher court. While challenging, this route allows homeowners to halt the foreclosure decision, at least until additional evidence and arguments are presented to overturn the original decision. Lastly, thoroughly reviewing the foreclosure documentation and overall process can reveal errors or legal violations that could serve as a basis for contesting the foreclosure. These might include mistakes in the loan balance, misapplied payments, or the lender’s failure to follow Pennsylvania’s foreclosure procedures correctly. How Can I Contest a Sheriff’s Sale in Pennsylvania? The fact that you have gone through foreclosure and moved on to a sheriff’s sale does not mean your options to contest the sale of your property have entirely run out. Gross inadequacy of price can be argued as a valid reason to set aside a sheriff’s sale. While a low sale price alone might not suffice, significantly low prices that shock the conscience of the court might warrant invalidating the sale. Challenges can also be based on a lack of authority to sell the property or fraud in the conduct of the sale. Homeowners can generally contest a sale if it was conducted without proper authority or if fraudulent practices were involved at any point in the process. Another good strategy to stop a sheriff’s sale is to file for bankruptcy. In most cases, filing for bankruptcy triggers an automatic stay that forbids any further collection actions, including sheriff’s sales. However, this option hinges on your filing being approved by the court, which usually means showing your ability to make your payments or plan to make payments over time. We can also help you file a motion to set aside a sheriff’s sale for proper cause. This usually requires demonstrating to the court a significant violation of your rights, such as procedural errors or gross mistakes that justify setting aside the sale. Alternatively, petitions to postpone a sheriff’s sale can be filed up until the day before the sale, providing a short-term reprieve to address the underlying issues causing the sale. However, it is best to file these petitions at least a week in advance so your petition has a chance to be heard. How Can a Pennsylvania Property Attorney Help a Foreclosure or Sheriff’s Sale Case? With so much on the line in these types of proceedings, it is hard to overstate the importance of having a knowledgeable attorney on your side. One of the key services our team provides is negotiating with lenders on behalf of our clients. This usually involves seeking a compromise through a loan modification, forbearance agreement, or other arrangements that allow you to retain possession of the property while addressing the underlying debts. Should a foreclosure or sheriff’s sale case proceed to court, we will be ready to present evidence and fight for your rights. However, this typically entails gathering and organizing a great deal of evidence. Fortunately, we know what to look for, so your filing is complete. The documents you will need include the original mortgage or deed of trust, promissory note, and any modification agreements you made. We can also account for and make detailed records of the total mortgage payments you made. These records should also show dates, amounts, and methods of payment. In some cases, this can expose discrepancies in the lender’s claims. Lastly, our team will compile all communication between you and the lender or servicer, including letters, emails, and any notices related to the mortgage. Letters and emails discussing payment difficulties, foreclosure avoidance options, or loan modification requests are especially important. Our Pennsylvania Property Lawyers Can Help Whether You Are Facing Foreclosure or a Sheriff’s Sale For a free case analysis with our Pennsylvania property lawyers, call Young, Marr, Mallis & Associates at (215) 701-6519.

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How Much Notice Will You Get Before Your Property is Sold at a Sheriff Sale in New Jersey?

A sheriff’s sale is the sale of a repossessed property by law enforcement. Many individuals can be dismayed when a sale of their property takes place after it has been possessed. It can feel like the final nail in the coffin for ever having a chance at getting your property back. Moreover, a sheriff’s sale may come as a surprise if you do not know what to look for to figure out if a sheriff’s sale could be in your future. You do not need to be given notice that a sale of your foreclosed property is taking place until ten days before the actual sale. However, there are a lot of other notices that happen beforehand which, if you know what you are looking for, can indicate the potential for a future Sherrif’s sale of your property. If you are concerned about an impending sheriff’s sale, call our New Jersey foreclosure attorneys from Young, Marr, Mallis & Associates at (609) 755-3115. When Will I Learn that a Sheriff’s Sale is Happening in New Jersey? If your property is going to be sold at a sheriff’s sale in New Jersey, you will be informed of the sale at least ten days before the sale takes place per N.J. Ct. R. 4.65-2. The notice will be sent in the mail to you so that you know when the sale is going to take place. However, there will also be other notices before the “final” notice ten days prior to the sale. These notices do not necessarily have to be sent to you directly. They may act as “constructive notice,” where the information is available but you have to go looking for it. Will I Get Notifications Before a Sheriff’s Sale in New Jersey? There are other ways to know that a sheriff’s sale may be in your future in New Jersey. Many things have to happen before a property goes up for sale in this way, but in most cases, it should not be terribly surprising that a sheriff’s sale is in the future. Sheriff’s sales are auctions of foreclosed properties. Therefore, a foreclosure has to have happened before a sheriff’s sale can take place. The fact that a foreclosure needs to take place beforehand gives many opportunities to receive notice that a sheriff’s sale could be in the future. First, the lender cannot do anything regarding foreclosure proceedings before letting you know that something has gone wrong. Per 12 U.S.C. § 3708, your lender has to contact you within 45 days of your first missed payment on a mortgage. This is potentially the first notice that many people get of an impending foreclosure and subsequent sheriff’s sale. While lenders are not required to do so, they may also give subsequent notices that you have missed mortgage payments before initiating foreclosure, which can provide even more awareness that the property could be sold off. Can I Delay a Sheriff’s Sale of My Property in New Jersey? In New Jersey, homeowners are allowed to delay a sheriff’s sale of their property up to two times. Delaying a sheriff’s sale is also known as an “adjournment.” A property can be adjourned up to five times per N.J.S.A. § 2A:17-36: twice by the lender, twice by the debtor, and once upon agreement by both the lender and the debtor. Each adjournment cannot last longer than 30 days. Stopping a Sheriff’s Sale in New Jersey There are a couple of ways that you can stop a sheriff’s sale in New Jersey. Some of these methods are employed before your property is foreclosed on, while others can be used later in the process. Redemption Property owners have something called a “right of redemption,” which they can exercise for ten days following a sheriff’s sale of their property. The right of redemption is the ability of the property owner to reclaim their property by paying all outstanding balances all at once. The property owner must pay any unpaid debts from their mortgage, the cost of going through foreclosure, and the cost of putting the property up for sale. This can be a lot of capital to come up with. You should discuss your situation with our New Jersey foreclosure defense lawyers to determine if exercising a right of redemption makes sense for you. Curing Under the Mortgage Most mortgages have a time period within which you can “cure” a default or missed payment. If you can make the payment to your lender in that timeframe, they cannot foreclose on your property, and there, therefore, cannot be a subsequent sheriff’s sale. Bankruptcy If you file bankruptcy while the foreclosure process is ongoing, it can stop it in its tracks. This is because, when you file bankruptcy, something called an “automatic stay” is put in place, which instantly stops all debt collection efforts against you, including foreclosure proceedings. This can prevent a sheriff’s sale from happening, at least until bankruptcy proceedings have ended. However, this only works if a foreclosure is ongoing. If you file for bankruptcy during a sheriff’s sale, it is not as effective. Injunctions Another way to stop a sheriff’s sale is to ask the court for injunctive relief. An injunction is an official court order preventing something from happening. For an injunction to work, our attorneys have to convince the court that we would be likely to win at trial, and we would also need to show that failure to put the injunction in place would be unfair under the law. It may make sense to file an injunction to prevent a sheriff’s sale in your case, depending on the circumstances. Talk to Our New Jersey Foreclosure and Sheriff’s Sale Lawyer Today Young, Marr, Mallis & Associates has Cherry Hill, NJ  foreclosure defense lawyers ready to help you out when you call us at (609) 755-3115.

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What is the Longest Wait Time for SSDI Approval?

If a recent accident or diagnosis has left you unable to work, you can apply for Social Security Disability Insurance (SSDI) benefits. Doing this right away is important, as it could be a few months before the Social Security Administration (SSA) approves your application. Getting approved for SSDI benefits can be a long process. The Social Security Administration will start by reviewing your application, which should include information about your work history and qualifying medical condition. During this time, the SSA might contact you with additional questions about your disability. Even after the SSA approves your application, you might have to wait several months before you receive your first check, depending on when your disability began and when you applied for SSDI. If the SSA denied your claim, our lawyers can help you make a request for reconsideration within 60 days. You should not wait to apply for SSDI benefits if you are disabled and cannot work, as doing so could hurt your case. For help with your case from our disability lawyers, call Young, Marr, Mallis & Associates at (215) 515-2954 or (609) 557-3081 today. How Long Does it Take to Get Approved for SSDI Benefits? Applying for SSDI benefits can be a complicated and lengthy process. Our lawyers can make sure we include the necessary information in your application for benefits so that you do not face any unnecessary delays with your claim. Depending on the case, the Social Security Administration might take several months to review a claim and make a decision. Cases might get delayed when applicants don’t include all necessary information in their applications. For example, if the SSA is unsatisfied with the medical records you have provided regarding your disability, it might request additional information, forcing you to wait longer for approval. Preparing your SSDI application ahead of time might help speed the approval process up. Our Pennsylvania, PA disability lawyers can compare your recent diagnosis to the SSA’s listing of impairments for SSDI benefits to ensure you are eligible. We will also gather information about your work history to estimate your monthly benefit before submitting your application. Mandatory Waiting Periods Following SSDI Approval After the SSA approves SSDI applicants, applicants must go through a mandatory five-month waiting period. The Social Security Administration uses this five-month waiting period to confirm applicants’ eligibility. The mandatory waiting period starts the first full month after an applicant’s disability begins. So, depending on how soon after becoming disabled you apply for SSDI benefits, you might not have to wait too long after being approved to get your first check. Applicants with certain conditions, like ALS, are not subject to waiting periods for SSDI. Because of when the waiting period officially begins, claimants often don’t know when they’ll get their first checks. Suppose the SSA finds that a claimant’s disability began at the start of June after reviewing their application and medical records. Considering the fact that the five-month waiting period starts after the first full month of disability, the applicant in this situation would be get their first check in December. So, all in all, the five-month waiting period often ends up being six months, because of how the SSA sends out checks. Our attorneys can confirm if the mandatory five-month waiting period applies to your case and, depending on the starting date of your disability and the date you applied for benefits, whether or not you will have to wait at all after the SSA approves your application. How Long Do SSDI Appeals Take? Unfortunately, the SSA does not approve all valid SSDI claims the first time around. If the SSA recently denied your claim, our lawyers can take you through the appeals process as quickly as possible. Waiting to hear back from the SSA could leave SSDI applicants without income for far too long. If, after waiting several weeks or months, the learn that the SSA denied your claim, you can appeal the decision. Applicants must submit a request for reconsideration within 60 days of learning about a claim denial. When you request reconsideration from the SSA, we can submit additional proof of your disability verifying your eligibility for SSDI. If the SSA does not change its decision, you can request a hearing from an administrative law judge within 60 days. The appeals process might drag on, especially if claimants are unprepared or do not know the reasons for the initial claim denial. To find success in your appeal and ensure that you do not have to continue to appeal your case, our attorneys will review the reasons for the SSA’s initial denial and gather medical evidence necessary to compel the SSA to reconsider its decision as soon as possible after a rejection. Should You Wait to Apply for SSDI Benefits? If a recent diagnosis has left you unable to work and earn an income, you might be eligible for SSDI benefits. You should not wait to apply for these benefits, as doing so could leave you without the financial support you need. Many conditions, ranging from cancers to mental health disorders, qualify insured workers for SSDI benefits. Even if your condition is not specifically listed by the SSA as an eligible disability, the SSA might approve your claim is your disability is similar enough. Waiting to apply for SSDI benefits because you think your disability is not debilitating could ultimately harm your application. Furthermore, SSDI benefits are only retroactive up to a point. While the SSA might pay retroactive benefits from the day you stopped being able to work because of your injuries, it will only do so for the year leading up to when you submitted your application for benefits. So, if you wait upwards of a year to get your SSDI benefits, you might not get all retroactive payments possible. Call Our Lawyers for Help with Your SSDI Application You can get a free case review from Young, Marr, Mallis & Associates when you call our West Chester, PA disability lawyers today at (215) 515-2954 or (609) 557-3081.

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How Does a Sheriff’s Sale Affect Your Credit Score?

If you are expecting to go through foreclosure or your property is going to be sold at a sheriff’s sale, you may be concerned about the potential consequences of that sale. You likely know that you will not have ownership of that property anymore, and you likely understand that you will not be in debt to your creditors once the property is sold. However, there are also credit score implications for having a property sold at a sheriff’s sale. Having your property sold at a sheriff’s sale will affect your credit score in a negative way. The particulars of your foreclosure process that led up to the sheriff’s sale have a direct impact on how significant the effect on your credit is. In general, the later your mortgage payments are past due, the worse the effect will be on your credit score. However, retaining legal counsel can help prevent or mitigate the negative effects of a sheriff’s sale on your credit. For a free analysis of your situation, call Young, Marr, Mallis & Associates’s foreclosure defense lawyers at the number (609) 755-3115 for matters in New Jersey or (215) 701-6519 for matters in Pennsylvania. How Sherrif’s Sales Impact Credit Scores Make no mistake, having a property foreclosed on and subsequently sold at a sheriff’s sale will have a negative impact on your credit. The exact impact will depend on the nature of the situation that led to the foreclosure and sheriff’s sale. If the missed mortgage payments that led to foreclosure were only slightly delinquent, the impact on your credit score may be minimal. However, if your missed payments were extremely late, foreclosure and a subsequent sheriff’s sale can have an extremely negative impact on your credit. Additionally, the impact on your credit is somewhat proportional to your credit prior to foreclosure. If your credit is high before foreclosure, you will lose more points than if your credit score was lower to start with. For example, according to Fair Isaac Corporation (FICO), the main tool used by lenders to determine credit, someone with a “high” credit score will lose somewhere between 140 and 160 points due to foreclosure or a sheriff’s sale. Conversely, an individual with a lower credit score of 680 will lose only 85 to 105 points. This is partially because there are simply fewer points to lose and partially because once credit is damaged, subsequent negative impacts on credit are less important because the credit score is already not good. How Do Lenders View Foreclosure and Sheriff’s Sales? Foreclosures and sheriff’s sales are not viewed favorably by moneylending institutions. In fact, they are seen as some of the most serious red flags out there, only under being in the midst of bankruptcy proceedings. It will be very difficult to take out a loan if you have a property foreclosed on or are currently going through foreclosure proceedings. Many lenders may even outright refuse to give you a loan if they see that your property has been the subject of foreclosure or sold at a state sale. All that being said, every lender will have different standards for the level of perceived risk they are willing to accept. Moreover, lenders may become more lenient and understanding of your situation as time passes, especially if you can show that you have things under control in years following foreclosure proceedings. Ways to Improve Credit After a Foreclosure and Sheriff’s Sale Since credit is negatively impacted by foreclosures and sheriff’s sales, many people who go through those experiences will be looking to work towards rebuilding their credit. There are many ways to do this, and our foreclosure defense lawyers are ready to advise you on the best courses of action for your situation. Pay Bills on Time Arguably, the most effective way to improve your credit is to pay your bills consistently and on time. This shows financial institutions that you will not leave them out to dry when they loan you money. Ultimately, credit is a measure of how likely you are to pay someone else back, so actually paying what you need to is a good way to boost your credit score. Property Manage Credit Cards Another method for building credit is keeping credit card balances to a minimum. Making credit card payments in a timely fashion will improve your credit score over time by showing that you can pay your debts. Some common advice regarding using credit cards to improve credit involves leaving some of the balance unpaid so that it generates interest. Doing that is a risky proposition for building credit, as you are not, in fact, paying off the entirety of your bill. It is better to pay off your credit card debt in full and on time to rebuild your credit. Avoid Large Purchases Sometimes, it cannot be helped, but minimizing the number of large purchases you make can improve your credit. First, smaller purchases are easier to pay off. Second, it shows that you are trying to be financially responsible by avoiding large purchases that may put you at risk of failure to pay debts on time. Be Patient Above all, you need to be patient when rebuilding credit. There is no way to rebound from a diminished credit score overnight. The only way to rebuild credit is to work hard at it over a long period of time, so stick with it and trust that things improve over time. If you are responsible with your purchases and timely with your repayments, your credit will improve. Let Our Foreclosure Defense Lawyers Help You Out Today Contact the foreclosure defense lawyers from Young, Marr, Mallis & Associates by calling (609) 755-3115 for the state of New Jersey or (215) 701-6519 for the state of Pennsylvania to get a free analysis of your situation.

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Lambos. Jewels. How ‘easy money’ from Uncle Sam made Miami a feast for PPP fraudsters

The Miami Herald reported on PPP fraud in South Florida, which is currently being prosecuted by the government. The article can be found at  https://www.msn.com/en-us/news/crime/ar-BB1ktBVX?utm_source=pocket_mylistRather than spending the money on employee wages and other overhead costs, much of it was defrauded or spent on luxury goods purchases. The government is now prosecuting the individuals and attempting to recover the money or property.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!

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Your Bankruptcy Budget–Don’t Forget Coffee

Your Bankruptcy Budget   When you fill out your bankruptcy budget, remember inflation. Some people give me a food budget that might have worked ten years ago, but not now. Do you buy coffee every morning at the 7-Eleven/? Some people think of just the grocery store budget and forget they get coffee every morning at the 7-Eleven, or Starbucks(!). I’ve seen moms with two teens at home put down $40 a month for clothing–that doesn’t even keep them in shoes. Here’s a chart you can use as a starting point.  It’s based on research collected by the Census Bureau.  This shows the expenses of the average family in America, collected by the Census Bureau and the Bureau of Labor Statistics.   Remember that in Northern Virginia, things can be more expensive than elsewhere. (One family I talked to recently had a food budget that seemed too low. Mom told me that their family–living in western Stafford–ate a lot of venison; the husband killed deer during hunting season and froze the meat. That probably doesn’t apply to you. Many families around the country grow their own veggies. That’s hard to do around here, too.) Healthcare is not on this chart. Healthcare is another area where people budget way too low. Here’s something I posted on budgeting your health care costs. I wrote that ten years ago. The post Your Bankruptcy Budget–Don’t Forget Coffee appeared first on Robert Weed Bankruptcy Attorney.

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How to Write a Successful Appeal Letter for Long-Term Disability

While having insurance provides an important financial safety net for unexpected accidents, insurance companies are notoriously difficult to deal with. If your long-term disability insurance claim is denied, an attorney can help you write an effective appeal letter. A successful appeal letter for long-term disability claims should directly respond to the reasons cited by the insurance company for the denial. Vague statements about why you disagree or need the claim approved are unlikely to help. You should include the specific reasons why your claim was denied and why the insurance company’s decision is incorrect. Use language taken directly from your policy to make your point. If necessary, include additional information about your medical history and condition that might strengthen your claims. We need the denial letter from the insurance company and your policy before writing your appeal letter. If the denial does not align with the policy terms, you have a stronger case for appeal. You should avoid vague or unnecessary information, as it will likely not help you. Get a private case evaluation for free when you call Young, Marr, Mallis & Associates at (215) 515-2954 and speak to our disability attorneys. Writing a Successful Appeal Letter After Your Long-Term Disability Claim is Denied When an insurance company denies a claim, they must send the claimant written notice of the denial. The denial letter must include the specific reasons why the claim is denied. Insurance companies cannot just deny a claim with no explanation. If your denial letter contained no explanation of why your long-term disability claim was denied, call an attorney immediately. When writing an appeal letter, it should be a direct response to the denial letter. If the insurance company lists several specific reasons why your claim was denied, your letter should address each of those reasons specifically and directly. If even one of the insurance company’s reasons is left unaddressed, your appeal letter might not be successful. This can be difficult for people whose claims are denied on numerous grounds. Even so, an attorney can help you write an effective appeal letter and hopefully get your long-term disability claim approved. Do not write some vague statement about why you need coverage. You might be upset about the denial, as it means you must wait even longer before getting financial assistance from the insurance company. As such, it can be tempting to write a long, angry letter about why the insurance company is heartless or why you need these benefits. Your feelings are certainly valid, but broad statements that do not specifically address the denial will not help you write an effective appeal letter. What to Include in Your Appeal Letter After Your Long-Term Disability Claim is Denied First, our disability attorneys need to lay out the reasons you were denied. What grounds did the insurance company claim when they denied you? Be specific. If the insurance company denied your claim for three specific reasons, we must include each of those three reasons in your appeal letter. Next, we should include language from your policy that supports your coverage. Keep it specific to the reasons why you were denied. Do not be vague. What does the policy state regarding the reasons cited by the insurance company? We need to establish that your policy covers you. Including additional details about your medical condition and future prognosis might also be a good idea. It is possible that the insurance company does not believe you are disabled or that your condition does not qualify for long-term disability benefits. This sometimes happens when claimants do not provide enough information about their condition when they initially submit a claim. Providing additional details that prove you are disabled might be helpful. We can also include contact information for you and your doctors. The appeals process can sometimes be a bit complex, and the insurance company might contact you or your doctors for more information. What You Need to Begin Writing an Effective Appeal Letter for a Long-Term Disability Claim We first need the denial letter to begin writing the most effective appeal letter possible. As mentioned before, the denial letter should spell out exactly why the insurance company denied your claim. We need this information to build your appeal case. If the letter is too vague or unclear, your attorney can help you ask for clarifications from the insurance company. It would be best if you acted quickly, as getting clarifications might eat up more of your time. Next, we need a copy of your policy. You should make direct references to it throughout your appeal letter. Remember, the policy controls whether certain claims are approved or denied. We might also need some additional proof of your disability. Have other entities or organizations officially recognized your disability? For example, the Social Security Administration might recognize your disability for the purpose of getting Social Security Disability Insurance benefits. If you have documentation from the SSA, you can provide copies to the insurance company. Basically, if your condition is good enough for the federal government, it should be good enough for your insurance company. Things to Avoid When Writing an Appeal Letter for a Long-Term Disability Claim To make sure your appeal letter is as strong as possible, you should avoid making vague statements. You might want to stress how important long-term disability benefits are for your survival, but this should not be the focus of the letter. Statements should be specifically about the issues raised in the insurance company’s denial letter and how they do not align with the terms and conditions of your policy. Also avoid information that does not specifically address the reasons cited by the insurance company for the denial. While additional information might be helpful in some cases, you must first respond to the reasons why your claim was denied. If the insurance company does not base the denial on a lack of medical information, there might be no need to include additional medical information. Either way, talk to your lawyer about including extra information. Do not wait! Time is of the essence. The sooner you get started, the better. Also, avoid doing it alone. Call a lawyer for help. Contact Our Disability Attorneys for Legal Support Now Get a private case evaluation for free when you call Young, Marr, Mallis & Associates at (215) 515-2954 and speak to our Allentown, PA disability attorneys.