Sunday, August 11, 2019

USCIS Forms Update Notice

From the USCIS Bulletin:


USCIS Forms Update Notice 

Update to Form I-693, Report of Medical Examination and Vaccination RecordNew Edition Dated 07/15/19

Update to Form I-601, Application for Waiver of Grounds of InadmissibilityNew Edition Dated 07/03/19

Update to Form I-821, Application for Temporary Protected StatusNew Edition Dated 07/03/19

It is important to check for the most recent forms. For more information on USCIS and its programs, you can visit www.uscis.gov or you can follow USCIS on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@uscis)."

If you want to know more about Mark Medvesky or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com.

#BucksCounty #Immigration #lawyer #lawyers, #MontgomeryCounty #Souderton #Law_Firm



Tuesday, July 9, 2019

Quick Tip: Bankruptcy - plan to start using all cash again

When my clients come into my office to talk about bankruptcy, many of them are paying the minimum on their credit cards and then placing all their living costs on the cards. It is a vicious cycle that needs to stop for obvious reasons.


Image courtesy of zdiviv at FreeDigitalPhotos.net
One reason to stop using credit cards is the bankruptcy code. Some charges made close to the time of filing bankruptcy may not be discharged. The bankruptcy code states "consumer debts owed to a single creditor (over a certain amount) ... for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title ... and ... cash advances (over a certain amount) ...  that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable ..." While I find many credit charges do not meet the presumptions defined above, no one wants to chance going through bankruptcy and not have the debt discharged.

Another reason more practical is the cards go away. Once someone files bankruptcy, the cards are gone. If a client is using credit cards, I suggest it is easier to move off the credit cards with a plan than abruptly losing them. I know this sounds easier than it is but it warrants consideration.

For these reasons, people thinking about bankruptcy should consider when they will start paying cash for living expenses and leave the cards behind.

If you want assistance, legal representation, or just want to know more about me, Mark M. Medvesky, or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com.

 #bankruptcy Chapter7 #Chapter13 #MontgomeryCounty #lawfirm #BucksCounty #Pennsylvania

Sunday, February 17, 2019

Small business owners in bankruptcy

It is one thing to get in over your head while you have a stint of unemployment or under-employment, a medical issue, or a ugly divorce. Once the condition that created the need for bankruptcy passes, the bankruptcy case can be pretty straight forward. Once you add a debtor who is self employed or owns a small business of some sort, you have a whole new set of issues.

One of the first questions is, who owns the property or assets; the company or the debtor. I discussed this issue in Bankruptcy - who is the debtor? what is protected?

Image courtesy of  imagerymajestic at
 FreeDigitalPhotos.net
Another question is income and bookkeeping. Unless a debtor issues himself or herself a regular paycheck, his or her income will generally be measured by the gross proceeds of the business less actual business expenses. Accurate bookkeeping is essential to establish a debtor's/business owner's income.

Also remember the company is probably an asset. How much is it worth? Does it have inventory, accounts receivable, assignable contracts, or equipment? Is it an interest that can be sold to another business owner? Most times an interest is a small business has little or no value because the debtor is the business; however, the value of business needs to be considered.

Is the debtor planning to continue the business or has it ceased operation? If the debtor is planning to continue operating the business, he or she will have to plan to operate without credit for some time. If the owner is using credit at the time this process starts, a plan to move the business off credit needs to be discussed. 

What about complaints from customers and vendors? Usually, these complaints and debts can be discharged as long as the debtor did not commit fraud. Bookkeeping and records management become even more important under these circumstances. 

If customers and/or complaint to the US Trustee, the trustee's litigation branch may conduct a more thorough examination of the case than otherwise conducted. Then, a certification to a list of income and expenses may not be enough. The trustee's office may request bank records, receipts, credit card statements and other business record. Assuming these documents support the bankruptcy schedules and no evidence of fraud exist. the debtor should receive a discharge. Record keeping is key.

These are some of the issues for self employed and small business owners. Added considerations should be made in preparing a bankruptcy case.

If you want assistance, legal representation, or just want to know more about Mark Medvesky or our firm of Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com.

#bankruptcy #Chapter7 #Chapter13 #MontgomeryCounty #lawfirm #BucksCounty #Pennsylvania

Tuesday, January 8, 2019

Validity Period of Form I-693 changed November 1, 2018

USCIS revised policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record. Two timelines were significantly changed. 

First, Form I-693 should be signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. If the Form I-693's signature is older than 60 days on the day the application is filed, the form is invalid. According to the policy guidance in Volume 8,Part B of the USCIS Policy Manual, the applicant will need to update  his/her I-693. 

The second change is the length of time the Form I-693 remains valid. The time has been extended from 1 year to 2 years. The purpose of the changes are to keep the form current longer and hopefully through the application process. The challenge will to file the application within 60 days of the completion of the form.


USCIS Policy Manual Volume 8-Part B-Chapter 4
For more information on USCIS and its programs, you can visit www.uscis.gov or you can follow USCIS on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@uscis)."

If you want to know more about Mark Medvesky or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.medveskylaw.com.

#BucksCounty #Immigration #lawyer #lawyers, #MontgomeryCounty #Souderton #Law_Firm


Tuesday, July 17, 2018

Credit after bankruptcy ... One of the most common questions

One of the most common questions I receive from clients is, "When will my credit come back?" I always try to assure my clients rebuilding credit can be done with a little effort and discipline. I also blogged about it in the articles at the links below:

Bankruptcy - mortgages and rebuilding credit - a brief conversation with a banker ...



But the question continues to come up and I found this article. I thought people might want to hear this from someone else:

@ thestreet.com by Brian O'Connell, published May 8, 2018 


Image courtesy of Master isolated images at
FreeDigitalPhotos.net
 "Bankruptcy afflicts over a million Americans on a yearly basis, and going under financially is widely viewed as a nightmare scenario. That isn't necessarily the case, as a new Lending Tree report shows.
In fact, more than 40% of Americans have a credit score of over 640 one year after filing for bankruptcy, 65% of bankrupt Americans see the same score (at least) three years after a bankruptcy..."


The article goes on to list actions a person can take to rebuild credit. There is life after bankruptcy.

If you want assistance, legal representation, or just want to know more about me, Mark M. Medvesky, or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com.

 #bankruptcy Chapter7 #Chapter13 #MontgomeryCounty #lawfirm #BucksCounty #Pennsylvania