Sometimes I think we forget we are dealing with people's lives in our profession...

I observed something a couple weeks ago that has stayed with me. I only saw a limited part of the interaction so I could not possibly know the entire relationship between the attorney and his client but their interaction caught my attention.

I was covering creditors meetings for a friend and colleague in a part of the district I do not normally practice. I met some of the clients before the meetings but not all of them. I had reviewed the files and needed a couple minutes to introduce myself and cover any questions they had. So, I was hovering between the meeting room and hall looking for "my" clients.


Image courtesy of stockimages
at FreeDigitalPhotos.net

While I was standing in the meeting room, a senior attorney walked in and started chatting with the trustee as the trustee was setting up. They were discussing normal topics like former cases, mutual friends, etc... just casual conversation. In the meantime, I had connected with all but one set of clients and I was getting a little concern. I was missing clients and the meetings were about to start.

I decided to make another hallway sweep and then call my friend's office manager to find my missing clients. I exited the meeting room as it was filling up with clients and the senior attorney was still chatting up the trustee. As I entered the hallway, there was a woman standing there who had been there for some time now. I looked at her face and could tell she was starting to panic. She looked to be in her late 50's. I asked her, "can I help you, is your attorney here yet?" (I knew she wasn't my client because I asked her when she arrived earlier)

She kind of blurted out, "I don't know what to do ... my attorney walked right by me ... I think he's in there ... he didn't say anything ... I don't know what to do!"  I quickly tried to assure her this is generally a simple process and that I would go in and let her attorney know she was here. I went into the meeting room, tapped the attorney on the shoulder because he was still chatting with the trustee, and let him know he walked by his client without saying anything and she was a little panicky. I thought he would and I know I would have excused myself and gone to the client. He seemed annoyed and looked at me as if I had just interrupted a major negotiation and said, "Ok" and turned away as if to dismiss me and continued his chat.

I stepped out again, let the woman know I had let her attorney know she was present and found my clients coming off the elevator. I took them into the attorney conference room, introduced myself, explained the process of the meeting, flipped through their filing with them, and finally asked if they were comfortable with me representing them; and if not offered to ask the trustee for a new date since their attorney was unavailable. They seemed more than happy with me.


Image courtesy of David Castillo Dominici
at FreeDigitalPhotos.net

The morning went as smoothly as expected. I know things become old hat for us at times. Sometimes we all forget our clients are stressed even over some of the simplest procedures. I'm sure I don't always attend to my clients as well as I should but it make sense to. Many of the bankruptcy clients that hire me tell me the did so because I listened and took time with them. Being aware of your client's comfort is not only the correct thing but is good for business.

If you want assistance, legal representation, or just want to know more about Mark Medvesky or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania

Bankruptcy - US Supreme Court looks at a major change in Chapter 7 bankruptcies.


UPDATE: The argument took place today, March 24, 2015. Commentary indicate the court did not really seem to lean one way or the other: "Argument analysis: Navigating between Scylla and Charybdis on underwater mortgages" - http://www.scotusblog.com/2015/03/argument-analysis-navigating-between-scylla-and-charybdis-on-underwater-mortgages/#more-226396

The court's decision will be released sometime this summer.

**********************************************************************************

The U.S. Supreme Court will hear oral arguments on March 24, 2015, in two cases to determine whether a chapter 7 debtor may strip off a second (or any junior) mortgage that is not secured by the home’s actual market value.


Image courtesy of renjith krishnan at FreeDigitalPhotos.net

In Bank of America, N.A. v. Toledo-Cardona, No. 14-163, the market value of the chapter 7 debtor’s home was $77,689.00.  The first mortgage owed to Quicken Loans had a balance of $135,703.00, and the second mortgage owed to Countrywide Bank had a balance of $32,000.00.

In Bank of America, N.A. v. Caulkett, 13-1421, the market value of the chapter 7 debtor’s home was $98,000.00, the Countrywide Financial first mortgage balance was $183,264.00, and the Countrywide Financial second mortgage balance was $47,855.00.

The lower court allowed the second liens to be discharged (stripped) as unsecured debt. If the court upholds these decisions by Eleventh Circuit U.S. Court of Appeals, it will be a major change for many Chapter 7 debtors. This could give more homeowners access to relief under Chapter 7 or finally close the door on this option in Chapter 7. Of course this should not impact a debtor's ability to strip liens in Chapter 13. It will be interesting to see the results in the next couple months.

If you want assistance, legal representation, or just want to know more about Mark Medvesky or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

 

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania

NOTE: I found this info in a blog and a deeper explanation can be found here http://bit.ly/1xOVhjx

Changes to credit reporting are coming.

This month, the three major credit reporting agencies  - Equifax, Experian and Transunion - settled a case with New York. One of the greatest changes will be the dispute system. Anyone who has tried to correct their credit report knows how hard it have inaccurate information removed. This article explains some of the expected changes: "Your Biggest Credit Report Complaint May Be Getting Fixed".

The article explains three major changes are:



Image courtesy of Stuart Miles at FreeDigitalPhotos.net

"Changing the credit report dispute process would address one of the biggest consumer gripes with the credit reporting agencies — that it’s challenging to remove inaccurate, damaging information from credit reports."

...

"Medical debt will no longer be reported until 180 days after it was incurred, allowing consumers more time to resolve the bill with their healthcare providers and insurance companies."

...



"Small fines may no longer have the ability to wreck your credit."

 

Because the reporting agencies have three years to implement these changes, there are not a great deal of details on how these changes will be handled. The article linked above discussed a little more about the changes. If this interests you, the article is worth reading.

 

If you want assistance, legal representation, or just want to know more about Mark Medvesky or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

 

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania

 



Bankruptcy - The gift that keeps on taking ...

We all want and expect to pay our bills. When people first start getting behind on bills, they tend to look for ways to just get through the next month and expect everything will turn around. But one financial patch after another ... an unexpected expense here ... an indulgence there ... and then a major life event - divorce, medical emergency, unemployment - and serious intervention is required.


Image courtesy of cooldesign at FreeDigitalPhotos.net

But people still work to avoid bankruptcy. So they look to friends and family for a helping hand. No one want to see friends or family suffer. So family members jump in. Parents cash in savings and retirement accounts; co-sign loans; and friends pay bills. So what happens when the assistance fails and bankruptcy becomes the only option?

Recently, I've had a couple clients come in with large loans with their family and friends. One had a significant other cover living expenses for about $10,000 plus owed a brother and sister, combined over $13,000. Another had parents who took out a $40,000 mortgage on their home to assist with the debtor's bills. That is just two middle class clients with over $60,000 in debt to their middle class friends and family.

So, what happens to that debt? It gets discharged like all other unsecured debt. A person filing bankruptcy cannot choose to paid one creditor and not the others. That is called a preference and is not allowed by law. So along with Visa and MasterCard, the parents and significant other are discharged and the debt is wiped out. Even though the parents' debt is secured by their home, the debt between child and parent is unsecured.

Sometimes "help" isn't really helpful. While there are arguments that these losses were necessary, it may only prolong the inevitable. Before you lose your family's money or you "lend" money to someone to get them out of financial trouble, make sure it will end the problem and just kick the can down the road.

 If you want assistance, legal representation, or just want to know more about Mark Medvesky or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

Other articles and blogs:

The Best Ways to Loan Money to Friends and Family
http://www.credit.com/loans/loan-articles/the-best-ways-to-loan-money-to-friends-and-family/

Debt What?
http://medveskylaw.blogspot.com/2015/01/debt-what.html

Rebuilding credit after Bankruptcy...
http://medveskylaw.blogspot.com/2014/12/rebuilding-credit-after-bankruptcy.html

You can overcome bankruptcy ...
http://medveskylaw.blogspot.com/2014/08/you-can-overcome-bankruptcy.html

When will I be able to buy a new home after bankruptcy?
http://medveskylaw.blogspot.com/2014/10/when-will-i-be-able-to-buy-new-home.html

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania

Points to consider in your children custody case after a divorce (part 4)

NOTE: Pennsylvania law does not presume one parent is better than the other as a custodial parent and many county courts look to share physical custody, as close to 50/50%, as possible. While judges base child custody decisions on many variables, and the Pennsylvania law sets forth all the factors a court must consider in a child custody case, this series includes some of the more important factors Pennsylvania courts typically consider when making these decisions.  While there are no guarantees in child custody disputes, taking these actions may increase your chances of a favorable result.

This blog is part 4 and discusses two more points of the 10 points we plan to discuss and for you to consider when trying to position yourself to maximize your physical custody of your children.

7. Place the children’s needs above the custody fight.

Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net

Placing the child's needs first is a simple and easy way to show the court that you have the children’s best interest in mind.  While this seems simple in theory, divorcing couples often forget to consider the child’s needs and emotions over what actions might make the other parent’s life more difficult.

Showing a court you put the child ahead of the litigation or custody fight indicates to the judge that you are a good parent.  So, evaluate your position before you act.  Are you are acting merely out of anger or frustration with the other parent?  If so, step back and be sure your decision is in the child's best interest.

8. Don’t involve the children in the custody fight.

Avoid, at all costs, placing the child directly in the custody battle.  The less they know about the parent's custody disagreements, the better the job the parents are doing.

Yet, many parents are convinced that their young child has strong feelings about which parent they prefer, and actively involve them.  Many times it is the parent projecting their views of custody on the child.  Judges and lawyers often have both parties claiming that the child has indicated that the child wants to live with them.  Then when the child meets with a psychologist or in the judge’s chambers the parties often find they do have a preference, usually for split custody and a wish for their parents not to fight.  It can also set up an environment for the child to pit one parent against the other when it is most important to communicate and work together.

Therefore, avoid extensively discussing the custody situation with the child, and leave that to the counselors and doctors.  Children will often tell you what they think you want to hear, no matter how independent you may feel they are being. 

Finally, avoid using the child as a messenger.  No child should have to relay changes in custody or one parent's displeasure to the other parent.  If the other parent needs to be talked to about a custody issue, do it yourself, or through counsel.  Young children and even older children do not need to relay custody changes or address custody disputes. Work to keep communications open for the sake of the children.

Please keep in mind we are not trying to set you up to "win" a court case. This series is a set of factors for you to consider to position yourself in the best place for you to contribute to the stability, welfare, and well-being of your children.

If you want assistance, legal representation, or just want to know more about Douglas Wortman or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#Custody #Divorce #Bucks_County #lawyer #lawyers, #Montgomery_County #Souderton #Law_Firm

USCIS Announcement - USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

Direct from USCIS:

USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

Petitioners are Reminded to Follow Regulatory Requirements

WASHINGTON – On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April.

Premium Processing for Cap-Subject Petitions

H-1B petitioners may still continue to request premium processing together with their H-1B petition. However, please note that USCIS has temporarily adjusted its current premium processing practice based on historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the filing season. In order to prioritize data entry for cap subject H-1B petitions, USCIS will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 11, 2015.

Filing Petitions

H-1B petitioners are reminded that when the temporary employment or training will be in different locations, the state where your company or organization’s primary office is located will determine the appropriate Service Center to which you should send your Form I-129 package, regardless of where in the United States the various worksites are located. Please ensure that when temporary employment or training will be in different locations, the address on page 1, part 1 of Form I-129 is for your organization’s primary office. Please note that when listing a “home office” as a work site location on Part 5, question 3, USCIS will consider this a separate and distinct work site location.

H-1B petitioners must follow all statutory and regulatory requirements as they prepare petitions, in order to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including an optional checklist, Form M-735, Optional Checklist for Form I-129 H-1B Filings, on how to complete and submit an FY 2016 H-1B petition.

Cases will be considered accepted on the date USCIS takes possession of a properly filed petition with the correct fee. For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit the H-1B FY 2016 Cap Season Web page or call the National Customer Service Center at 800-375-5283 or 800-767-1833 (TDD for the hearing impaired). We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B 2016 Cap Season Web page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

 

If you want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

 

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

 

 

USCIS Announcement - USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order plus DOL Guidance

This is an attempt to pull some of the information and announcements together.

USCIS Announcement:

 

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to the court order entered March 4, 2015, in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015).

Due to this decision, starting March 4, the Department of Labor (DOL) is no longer accepting or processing requests for prevailing wage determinations or applications for temporary labor certifications in the H-2B program. DOL is considering its options in light of the court’s decision. (See below or DOL Office of Foreign Labor Certification for more details.)

Because H-2B petitions require temporary labor certifications issued by DOL, USCIS has also temporarily suspended adjudication of H-2B petitions. USCIS will continue adjudicating H-2B petitions for non-agricultural temporary workers on Guam if the petitions are accompanied by temporary labor certifications issued by the Guam Department of Labor.

Starting March 6, 2015, USCIS has also suspended premium processing for all H-2B petitions until further notice. If a petitioner has already filed H-2B petitions using the premium processing service and the agency did not act on the case within the 15-calendar-day period, USCIS will issue a refund.

You can check www.uscis.gov for updates.


Department of Labor Guidance: 

March 4, 2015.

On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). Because of this decision, effective immediately, DOL can no longer accept or process requests for prevailing wage determinations or applications for labor certification in the H-2B program. DOL is considering its options in light of the court‘s decision.

March 2, 2015. 

 FAQs regarding CATA v. Perez and employer-provided surveys in the H-2B program

The Department is making available Frequently Asked Questions (FAQs) regarding its implementation of the court's decision in Comite de Apoyo a los Trabajadores Agricolas (CATA) v. Perez, 774 F.3d 173, 191 (3d Cir. 2014). Following the court's decision, the Department ceased issuing prevailing wage determinations in the H-2B program based on employer-provided wage surveys. In addition, the Department can no longer issue H-2B temporary employment certifications based on employer-provided wage surveys. The FAQs may be accessed - http://www.foreignlaborcert.doleta.gov/pdf/cata_perez.pdf

If you want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

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

Study shows Bankruptcy can give fresh start it promises

Most clients who come to me to discuss bankruptcy are concerned about future credit. I am always conservative with my counsel. But I found this article "How Avoiding Bankruptcy Can Backfire" (http://bit.ly/1BhDVR5). The article starts out with the common myths of poor reputation and permanent financial hardship... before it discusses a study from the Federal Reserve Bank of New York (FRBNY). The FRBNY study indicated the benefits can far outweigh the drawbacks.

Image courtesy of stockimages at FreeDigitalPhotos.net

The statements that jumped out at me were:

"... the FRBNY noted, people who filed bankruptcy had access to more new lines of credit than those who limped along in a poor financial state."

...

"So there is a misconception that filing bankruptcy closes the door to new credit, whereas it can actually give a consumer access to more credit, according to the study."

...

"Those who filed bankruptcy saw an improvement in their credit scores over time, when compared to those who continued to struggle with their debts, according to the FRBNY."

...

"They also concluded, 'Moreover, we show that insolvent individuals who do not go bankrupt exhibit more financial stress than those who do, suggesting that these individuals would likely prefer to file for bankruptcy if they could afford it.'”

…

“But maybe the most disturbing reality about shunning bankruptcy is the significant amount of retirement income that is lost by people who avoid filing...

 

To demonstrate how dramatic the impact is, let’s look at a 25-year-old debtor who diverts $300 a month for five years into a retirement plan instead of entering into a credit counseling plan, debt settlement program or limps along making minimum payments. They would repay their debt but that plan would cost them $23,231.12 in retirement funds that could be worth $1,247,526.55 when they eventually retired at age 70. A 45-year-old would lose $170,239 in future retirement funds.”

 

The bottom-line is bankruptcy, when appropriate, is not as devastating as many people believe. In fact, in most cases, it is as helpful as it is meant to be. If you are struggling with debt, there can be a light at the end of the tunnel. Call a bankruptcy attorney and see if bankruptcy is an option for you.

If you want assistance, legal representation, or just want to know more about Mark Medvesky or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

Previous Blog Entries:

Rebuilding credit after Bankruptcy...

http://medveskylaw.blogspot.com/2014/12/rebuilding-credit-after-bankruptcy.html

When will I be able to buy a new home after bankruptcy?

http://medveskylaw.blogspot.com/2014/10/when-will-i-be-able-to-buy-new-home.html

You can overcome bankruptcy...

http://medveskylaw.blogspot.com/2014/08/you-can-overcome-bankruptcy.html

Debt What?

http://medveskylaw.blogspot.com/2015/01/debt-what.html

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania #debt #settlement

Points to consider in your children custody case after a divorce (part 3)

NOTE: Pennsylvania law does not presume one parent is better than the other as a custodial parent and many county courts look to share physical custody, as close to 50/50%, as possible. While judges base child custody decisions on many variables, and the Pennsylvania law sets forth all the factors a court must consider in a child custody case, this series includes some of the more important factors Pennsylvania courts typically consider when making these decisions.  While there are no guarantees in child custody disputes, taking these actions may increase your chances of a favorable result.

This blog is part 3 and discusses two more points of the 10 points we plan to discuss and for you to consider when trying to position yourself to maximize your physical custody of your children.



Image courtesy of Stuart Miles at FreeDigitalPhotos.net

5. Find and keep stability in your life.

Stability is key to custody.  Few things concern the court more than a parent who keeps changing jobs, changing housing, and changing who they are dating. This pattern could reflect instability to a judge.

Psychologists tell courts that children need routine and stability, which should extend to all aspects of the child's life.  Therefore, judges look for stability and consistency in a parent.  If you do need to change jobs or housing, do so with a carefully thought out plan of action.

If you change your life around a lot, the other parent will argue that no matter how your current situation seems to the court, that it is unproven and unlikely to last. It is hard to convince the court your situation is a good one, if the other side can point out that it is subject to constant revision.

So, remember to think stability in all aspect of your personal and public life, to ensure an advantage in custody litigation.

6. Hire a lawyer who knows custody and who you can afford.

There are couples who can work out custody on their own here in Pennsylvania. Those are the fortunate couples. When you cannot agree, you should consult a lawyer.  Court rules can be complex and filled with pitfalls for the untrained.

The real problem is it is hard decouple yourself emotionally from the fight.  Do you want a surgeon that gets angry, sad or depressed while he operates on your body?  A good lawyer is not emotionally attached to your situation, and can help you better understand what is possible and realistic.  This doesn't mean they have to be cold or unsympathetic, but it does mean they must and can maintain a professional detachment.

While a good lawyer is rarely free, costs can vary greatly.  In fact, most people don't know what to pay for an attorney.  A highly experienced attorney might charge a lot more for a particular case, but might not be able to be any more successful. A novice attorney may be just as successful if the facts and law are certain in a case.

You should also stay in budget. If you overpay for your resources, you might not be able to sustain the custody litigation.  You don't want to burn all of your legal funds too quickly. Be careful about spending too much too soon.  You might be able to afford the high priced attorney for a short term, but what if the case drags on?

Please keep in mind we are not trying to set you up to "win" a court case. This series is a set of factors for you to consider to position yourself in the best place for you to contribute to the stability, welfare, and well-being of your children.

If you want assistance, legal representation, or just want to know more about Douglas Wortman or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#Custody #Divorce #Bucks_County #lawyer #lawyers, #Montgomery_County #Souderton #Law_Firm