Navigating the intricacies of long-term disability and ERISA regulations in New Jersey can be a daunting process. Understanding the nuances of federal regulations, insurance policies, and individual rights can be a complex landscape for anyone. Fortunately, working with our attorneys can make a huge difference when procuring the benefits you deserve. We can provide guidance on compliance, assist with disability claims and appeals, and represent you throughout the entire litigation process. Additionally, we can help clients understand their rights and obligations under the ERISA regulations, ensuring compliance with all federal laws. If a disability prevents you from working, options are available to help you through this difficult time. For a free case review, contact our New Jersey disability lawyers at Young, Marr, Mallis & Deane today at (609) 755-3115. How Does Long-Term Disability Work in New Jersey? Long-term disability insurance is a type of coverage designed to provide a steady stream of income replacement to those unable to work because of a long-lasting disability. This type of insurance is typically obtained through an employer or purchased independently from an insurance company, unlike public disability programs. In New Jersey, long-term disability benefits are generally paid until the claimant reaches retirement age, provided they continue to meet the disability criteria as stipulated by their specific policy. Our Trenton, NJ disability attorneys can help you determine if you are getting the benefits to which you are entitled. The length of these benefits underscores the term “long-term” in this context, which denotes an extended period of disability coverage. Long-term disability income benefits coverage is obtained by paying premiums over time, either to an insurance company or into an employee plan. The cost of the premiums and the extent of coverage can vary widely based on several factors, including the individual’s occupation, income, age, and the specifics of the policy. Also, the premiums paid towards long-term disability insurance are typically tax-deductible, which can help offset the policy’s overall cost. Generally, long-term disability policies provide a percentage of the policyholder’s pre-disability earnings if they are unable to engage in their “gainful” occupation because of a disability. A gainful occupation generally pays 60 to 80 percent of the individual’s pre-disability earnings. The specifics of what constitutes a “gainful occupation” might vary between policies and should be carefully reviewed before purchasing a policy. In addition, long-term disability policies might also provide additional benefits, such as cost of living adjustments, survivor benefits, and rehabilitation benefits, among others. These additional benefits can help ensure that policyholders and their families are able to maintain their standard of living and financial stability in the event of a long-term disability. How Does ERISA Work in New Jersey? The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect employee benefits by setting federal standards for employer-provided pension, retirement, and insurance plans. This law ensures that these plans meet certain minimum standards to protect the interests of the participants and their beneficiaries. ERISA is a federal law that applies to employee benefit plans offered by private employers and some government entities. In New Jersey, ERISA covers a wide range of employee benefit plans, including both defined benefit and defined contribution retirement plans, as well as health insurance plans. However, it is important to note that ERISA does not mandate employers to establish a plan. Instead, it regulates the operation of a plan once it has been established. For New Jersey businesses that offer employee benefit plans, ERISA compliance is crucial. Compliance means adhering to all the requirements outlined by the United States Department of Labor. These requirements include stipulations about plan disclosures, fiduciary responsibilities, and procedures for appealing denied benefits. If an individual is denied benefits under an ERISA-covered plan in New Jersey, they have the right to file an ERISA claim. This process involves submitting a written appeal to the plan administrator. If the appeal is denied, the individual can then file a lawsuit in federal court. However, self-funded ERISA plans are generally not subject to state insurance mandates because of a concept known as preemption. This means that these plans are primarily governed by federal law, with state laws playing a limited role. How Our ERISA and Long-Term Disability Attorneys Can Help Your Case in New Jersey Navigating ERISA and long-term disability claims in New Jersey can be complex and stressful. But you don’t have to go it alone. With our team on your side, you can have peace of mind knowing that your case is being handled by professionals who are committed to fighting for your rights and securing the benefits you deserve. Personalized Attention and Support Our firm strongly believes in delivering individualized attention to all our clients. We comprehend that each case is distinct and necessitates a customized approach. Our team of experts will dedicate ample time to comprehending your specific circumstances and requirements. We value transparency and will keep you informed and engaged throughout the process. We are committed to providing you with the best possible outcome. We Protect Your Rights Our attorneys have extensive knowledge and experience in ERISA and long-term disability law. We fully understand the complexity of these legal areas and are dedicated to advocating for your rights. You can rely on us to ensure that the insurance company treats you fairly and evaluates your claim in strict adherence to the legal guidelines. We will work tirelessly to secure the compensation and benefits you deserve and protect your best interests throughout the entire process. Guidance Through the Claims Process Our attorneys can provide expert guidance throughout the ERISA and long-term disability claims process. From understanding your plan’s specific provisions to preparing a comprehensive and persuasive claim application, our legal team can help maximize your chances of receiving the benefits you’re entitled to. Ensure Deadlines and Procedures Are Followed Strict deadlines and procedures govern the filing of ERISA and long-term disability claims. Missing a deadline or failing to comply with a procedural requirement can lead to the denial of your claim. Our attorneys can ensure that all necessary paperwork is filed correctly and promptly, thus avoiding unnecessary delays or denials. Appeal a Claim Denial If your ERISA or long-term disability claim is denied, it’s not the end of the road. Our attorneys can represent you in the appeal process, crafting a detailed and compelling appeal that addresses the reasons for the initial denial. If necessary, we can also represent you in litigation to fight for your rights to the benefits you deserve. Our New Jersey Disability Attorneys Can Help Call our Mount Laurel, NJ disability attorneys at Young, Marr, Mallis & Deane at (609) 755-3115 for a free case review.

Bankr. E.D.N.C.: First Recovery v. Sanders II- Nondischargeable Claim under § 523(a)(2)(A) Stafford Patterson Thu, 02/15/2024 - 16:23 Summary: Plaintiffs First Recovery and Dylan Brooks sued the debtor Keith Douglas Sanders seeking to have a $1.3 million debt declared nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (B). Sanders had sold his automobile repossession business, Unlimited Recovery Repossession Division (URRD), to the plaintiffs in 2015. The plaintiffs alleged Sanders made numerous false representations about the business, including misrepresenting the assignability of customer contracts, leases, and a required bond, the reasons a prior sale of URRD had failed, the condition of URRD's vehicles, and URRD's revenues. After a trial, the bankruptcy court found the plaintiffs had proven the debt was nondischargeable under § 523(a)(2)(A), which requires showing false representation, knowledge of falsity, intent, justifiable reliance, and proximate cause. The court found the plaintiffs justifiably relied on Sanders' misrepresentations about assignability of contracts and other aspects of the business. However, the court held the plaintiffs failed to prove reasonable reliance as required under § 523(a)(2)(B) for written statements about financial condition. Thus, the $1.3 million debt was held nondischargeable under § 523(a)(2)(A) based on the oral misrepresentations. Commentary: Although nothing seems to have been filed in more than a year,  there appears to still be related matters  pending with the North Carolina Court of Appeals in  First Recovery, LLC v. Unlimited Rec-Rep, LLC.  Also attached is the previous decision by Judge Flanagan of the E.D.N.C. district court. (Thanks to Koury Hicks for the Summary of this opinion.) For a copy of the opinion, please see: For a copy of the opinion, please see: In-re-CookDownload Blog comments Attachment Document first_recovery_v._sanders_ii.pdf (292.66 KB) Document first_recovery_v._sanders_i.pdf (658.63 KB) Category North Carolina Bankruptcy Cases Eastern District

MarketWatch offers a helpful article on obtaining credit after filing for personal bankruptcy. The article can be found at  https://www.marketwatch.com/guides/personal-loans/personal-loan-after-bankruptcy/In our experience, representing hundreds of individuals who have filed for personal bankruptcy, clients are generally able to obtain loans or credit 1.5 to 2 years after receiving their Bankruptcy Discharge.After a bankruptcy filing, we advise clients to save as much money as possible, obtain a secured credit card, and lease a reasonably priced car.The goal is to demonstrate responsible credit usage, which will then enable you to obtain credit.Jim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link below to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt! 

You know it won’t go well for the creditor in a discharge violation case when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20K bank balance is now negative. And sure enough, the debt buyer trying to collect a two-decade-old credit card debt ended up $64,000 […] The post Debt Buyers Pay A Lot Post-Taggart appeared first on Bankruptcy Mastery.

The debanked website is reporting that Covid SBA EIDL loan charge offs increased by $52 Billion in 2023.   Those charge offs equal 17.2% of the unpaid principal balance of SBA outstanding EIDL loans. The story can be found at https://debanked.com/2024/02/covid-eidl-charge-offs-explode-increase-by-more-than-51-billion-in-fy-2023/This report is unsurprising, as a rough estimate indicates that 75 to 80% of our clients have defaulted or are considering defaulting on their SBA EIDL loans.SBA EIDL loan defaults raise Debtor/Creditor, Bankruptcy, Tax and Personal guaranty issues. SBA EIDL loan defaults are also reported to Treasury Direct (IRS) and a 30% penalty is added to the balance due.The worst action a borrower in default on an SBA loan can take is to ignore the situation.As one famous lawyer said, prayer is not a legal strategy!At Shenwick & Associates, we have developed techniques & strategies to minimize tax and debtor/creditor issues involving an SBA EIDL default.To speak to Jim Shenwick, Esq about an SBA EIDL loan default you can call him at 917-363-3391 or email him at jshenwick@gmail.comPlease click the link to schedule a telephone call with Jimhttps://calendly.com/james-shenwick/15min---James Shenwick, Esq SBA EIDL Blog Posts:SBA EIDL LOANS & CIVIL & CRIMINAL PENALTIES & BANKRUPTCY FILING Shttps://shenwick.blogspot.com/2024/01/sba-eidl-loans-civil-criminal-penalties.htmlDefaulted SBA EIDL Loans: In Reversal, U.S. to Heighten Efforts to Collect Billions in Unpaid Covid Loanshttps://shenwick.blogspot.com/2023/12/defaulted-sba-eidl-loans-in-reversal-us.htmlSBA EIDL Loan Defaults and the Statute of Limitations 12-24-2023https://shenwick.blogspot.com/2023/12/sba-eidl-loan-defaults-and-statute-of.htmlSBA EIDL Penalties if an SBA EIDL Loan is Not Repaidhttps://shenwick.blogspot.com/2023/12/sba-eidl-penalties-if-sba-eidl-loan-is.htmlMisuse or Misapply SBA EIDL Loan Proceeds and Chapter 7 Bankruptcy Filingshttps://shenwick.blogspot.com/2023/08/misuse-or-misapply-sba-eidl-loan.htmlSBA EIDL HARDSHIP PROGRA Mhttps://shenwick.blogspot.com/2023/07/sba-eidl-hardship-program.htmlDefaulted SBA EIDL Loans, Limited Liability Company (LLC) and Cancellation of Debt Income (COD) under Section 108 of the Internal Revenue Codehttps://shenwick.blogspot.com/2023/07/defaulted-sba-eidl-loans-limited.htmlOffers In Compromise ("OIC") for Defaulted SBA EIDL loans and Section 108 of the Internal Revenue Code ("IRC"), Relief of Indebted Income, a Trap for the Unwary!https://shenwick.blogspot.com/2023/05/offers-in-compromise-oic-for-defaulted.htmlEIDL LOAN WORKOUTS AND BANKRUPTCY    https://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.htmlEIDL Loan Default Questions & Answers https://shenwick.blogspot.com/2022/10/eidl-loan-default-questions-answers.htmlEIDL LOAN DEFAULT DOCUMENT REVIEW, WORKOUT, BANKRUPTCY FILING & OFFER IN COMPROMIS Ehttps://shenwick.blogspot.com/2022/07/eidl-loan-default-document-review.htmlEIDL Defaulted Loanshttps://shenwick.blogspot.com/2022/07/eidl-defaulted-loans.htmlNew Relief Program for SBA EIDL Borrowers Who are Having Difficulty Repaying EIDL Loans " Hardship Accommodation Plan"https://shenwick.blogspot.com/2023/05/new-relief-program-for-sba-eidl.htmlEIDL LOANS and SBA OFFER IN COMPROMISE PROGRA Mhttps://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compromise.htmlPPP & EIDL Fraudhttps://shenwick.blogspot.com/2022/08/ppp-eidl-fraud.html

In this day and age, virtually everyone has a social media presence of some kind. Facebook, X/Twitter, LinkedIn, Instagram, and many more platforms are used by billions of people worldwide. As most people know, there is a lot of information that can be obtained from these platforms. Most of the time that is no big deal. However, there has been a trend towards government bodies like the Social Security Administration using social media content to evaluate claims. If you are currently seeking disability coverage of some kind, you may be worried about whether the SSA or a private insurance company is allowed to use a social media presence against you in your claim. Social media posts can absolutely be used to hurt your case in a Pennsylvania disability claim. If someone evaluating an application to a federal program like SSDI or an insurance provider can find evidence that you are not disabled, such as videos of you doing physically demanding activities or posts talking about your new job, they can use that to torpedo your application. Accordingly, it is very important to be mindful of what you post on social media. Let our team of Pennsylvania disability lawyers look at your case when you call Young, Marr, Mallis & Associates at (215) 515-2954. Can Social Media Hurt My Pennsylvania Disability Claim It is extremely common for social media to hinder or outright destroy a disability claim or appeal. There are a number of ways that this can happen, which we will explain below. Posts Showing that You Are Not Disabled The most obvious way that a social media presence could hurt a disability claim is a public post showing you doing something that proves you are not disabled. For example, if you are claiming total disability and inability to work because you have lost a great deal of strength and range of motion in your arms, but the person evaluating your claim finds a video of you competing in a powerlifting competition the day after you filed your claim, that video on social media would seriously hurt your case. In fact, it would probably end your claim. “Private” Posts Some people may believe that if a post is marked “private” or something similar and shared only with friends, then it cannot be used against them. This is not true. There are many ways for those evaluating your disability claims to get a hold of this allegedly private information. If there is something that compromises your claim online, even if it is private, it can still hurt your case. When Do Disability Claim Evaluators Look at Social Media in Pennsylvania? There are slightly different rules for examining social media, depending on who you are seeking disability from. If you are seeking benefits from the Social Security Administration, they can only look at your post history if they are investigating you for fraud per HALLEX § I-3-2-40 – an internal set of rules the SSA uses when administering claims. So, if you are seeking federal disability benefits but are not actually disabled and the SSA suspects that you are not disabled, they can start looking into your post history. Private insurance companies, on the other hand, do not have those restrictions. They can look into your public or private social media presence whenever they want. If they find something compromising, they will use it to hurt your disability claim. Are Social Media Posts in Pennsylvania Reliable Evidence in Disability Cases? Social media posts do not tell a person’s entire story or situation. Sometimes, an application for disability benefits may be denied based on a post that appears disqualifying but is, in fact, anything but. For example, suppose you are claiming total physical disability but then post a video of you running in a marathon from a year before you were disabled. To someone looking into your disability claim, that video may look like disqualifying evidence, even though it is outdated. Our Philadelphia disability lawyers know this and can talk to people looking at your disability applications and insurance companies to make sure they understand this, too. How to Prevent Social Media Being Used Against Your Disability Claim in Pennsylvania There are many things you can do to help guard against social media being used against you in a disability claim. These things are important even if you know that you are actually disabled, as a claim evaluator may take something the wrong way and be skeptical of your case. Manage Privacy Settings Social media is always less private than you think. Some insurance providers may simply do a cursory glance at your page for anything that can be publicly seen. Accordingly, it is for the best that you keep social media as private as possible. An important thing to remember is that adverse parties may try to send you a friend request through a “dummy” account to access information marked private, so you should also be mindful of any new contacts that look strange or questionable on social media. Avoid New Posts Try not to post anything new to social media when you are applying for your claim. This is especially true if the post in question may put the truth of your claims into doubt. For example, any post of you doing something physically exerting may harm your case, even if the content is from before you were disabled. It may be good practice to delete those posts. You could also hurt your case if you talk about a new job if you are alleging that your disability prevents you from working. Search Yourself Online Another helpful thing you can do is search for yourself on Google and other search platforms. You may be surprised as to what is freely available. Our lawyers can also assist you in this process and examine anything that you feel is worthy of our attention. If we are aware of things that may cause insurance providers to incorrectly worry about your claim, we can better address them. Speak with Our Pennsylvania Disability Lawyers Now If you have questions or concerns about your situation, let our Bucks County, PA disability lawyers review it for free when you reach out to Young, Marr, Mallis & Associates at (215) 515-2954.

The 9th C Ir. BAP erected a high bar for the imposition of monetary sanctions against counsel in its recent decision in Franz. Despite some ugly facts and imperfect lawyering, the BAP overturned $5000 in sanctions against a Chapter 13 debtor’s lawyer, finding counsel’s conduct did not rise to a level akin to contempt of court. […] The post Sua Sponte Monetary Sanctions Against Counsel appeared first on Bankruptcy Mastery.

 The Hill is reporting that credit card debt in the United States increased by $50 billion in the fourth quarter of 2023, according to recent findings from the New York Federal Reserve. Will this increase in credit card debt result in more personal bankruptcy filings?The story can be found at https://thehill.com/business/4451222-credit-card-debt-increased-by-50b-new-record-high/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!

 Chapter 11 Bankruptcy Filings Increase 22% Y/Y in January, Subchapter V Filings Up 43%https://www.monitordaily.com/news-posts/chapter-11-bankruptcy-filings-increase-22-y-y-in-january-subchapter-v-filings-up-43/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!

Transform Your Finances with Your Tax Return: A Fresh Start through Bankruptcy As the tax season approaches, many individuals eagerly await their tax refunds, viewing them as a bonus or a chance to splurge on something they desire. However, for those struggling with overwhelming debt and financial burdens, a tax refund can be an invaluable opportunity to achieve a fresh start through bankruptcy. In this blog post, we’ll explore how you can use your tax return to take control of your financial situation, highlighting the benefits of Chapter 7 and Chapter 13 bankruptcy, and urging you to contact our Arizona Bankruptcy Lawyers to determine the best path to debt relief. Using Your Tax Return Wisely Your tax refund is an excellent resource to make a positive change in your financial life. Instead of using it for temporary pleasures or expenses, consider investing it in your long-term financial stability. Here’s how you can make the most of your tax return: Pay for Bankruptcy Attorney Fees: One of the most significant expenses when filing for bankruptcy is hiring a bankruptcy attorney. Your tax refund can be a lifeline in covering these costs, ensuring that you have professional guidance throughout the process. Eliminate Debt: Your tax return can also be used to pay off or reduce high-interest debt. By doing so, you can alleviate some financial pressure and pave the way for a fresh start. Build an Emergency Fund: Establishing an emergency fund with your tax refund can provide a financial safety net, helping you avoid future debt crises. Having savings can prevent you from relying on credit cards or loans for unexpected expenses. Invest in Financial Education: Consider using part of your refund to invest in financial education resources or workshops. Learning how to manage your finances better can help you avoid future financial pitfalls. Chapter 7 & Chapter 13 Bankruptcy: A Fresh Start Bankruptcy may sound daunting, but it’s a legal process designed to offer individuals and families relief from unmanageable debt. Two common types of bankruptcy, Chapter 7 and Chapter 13, can provide you with the fresh start you need: Chapter 7 Bankruptcy in Arizona Often referred to as “liquidation” bankruptcy, Chapter 7 bankruptcy aims to discharge most unsecured debts, such as credit card debt, medical bills, and personal loans. Your non-exempt assets may be sold to repay creditors, but many individuals do not lose any property thanks to exemptions provided by Arizona law. Chapter 7 typically lasts around three to six months, offering a relatively swift path to debt relief. Chapter 13 Bankruptcy in Arizona Chapter 13 bankruptcy, often known as “reorganization,” allows you to create a manageable repayment plan to catch up on missed mortgage or car loan payments. You can keep all your assets while making affordable monthly payments to creditors over three to five years. Chapter 13 provides a structured way to regain control of your finances and avoid foreclosure or repossession. Your Tax Refund and Bankruptcy: A Winning Combination Using your tax refund to cover the costs of hiring a bankruptcy attorney or to start your Chapter 7 or Chapter 13 bankruptcy process is a wise investment in your future. Here’s why: Professional Guidance: Filing for bankruptcy can be complex and requires strict adherence to legal procedures. An experienced bankruptcy attorney can guide you through the process, ensuring that everything is done correctly. Maximize Debt Discharge: A bankruptcy attorney can help you navigate the intricacies of bankruptcy laws, making sure you take full advantage of the available exemptions and discharge as much debt as possible. Peace of Mind: With a bankruptcy attorney by your side, you can have peace of mind knowing that your case is in capable hands. They will represent your interests and protect your rights throughout the process. Financial Freedom: Both Chapter 7 and Chapter 13 bankruptcy offer a path to financial freedom. You can shed the weight of unmanageable debt, stop creditor harassment, and regain control of your finances. Contact Our Arizona Bankruptcy Lawyers Your tax refund is a valuable resource that can help you take control of your financial situation and start fresh through bankruptcy. To determine the best option for debt relief, it’s crucial to consult with experienced bankruptcy attorneys who understand Arizona’s bankruptcy laws and can tailor a solution to your specific needs. My AZ Lawyers are here to help you navigate the path to financial freedom. Whether you choose Chapter 7 or Chapter 13 bankruptcy, we will work with you every step of the way, from assessing your financial situation to filing your case and representing your interests in court. Don’t let debt hold you back any longer. Contact us today for a free consultation, and let us help you make the most of your tax refund to achieve the fresh start you deserve. Your financial future is within reach, and we’re here to guide you towards it.   Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: info@myazlawyers.com Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 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) 469-6603 The post Transform Your Finances with Your Tax Return: A Fresh Start through Bankruptcy appeared first on My AZ Lawyers.