Bankruptcy - What is a "Discharge?"

I talk about it all the time with clients and sometimes they stop me and ask "what is a discharge?" Discharge is the ultimate goal of filing bankruptcy. Discharge is the release from unsecured debt. It is important to understand when discharge occurs.

Discharge usually occurs at the completion of  a personal bankruptcy. In Chapter 7, the discharge is granted about 60 days after the creditors meeting. In Chapter 13, the discharge of debt happens at the end of the payment plan, which is 3 - 5 years depending on the circumstances. As one can see, there is time to get in trouble between filing and discharge.

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Once a case has been filed, it does not end there. The trustee will require documents and may have questions. If these documents are not provided within the bankruptcy code's timelines or questions answered in a timely manner, a case can be dismissed. If a case is dismissed before a discharge is granted, the automatic stay is lifted and all the debts, interest and fees come back to the debtor.

Some of the documents requested are past tax returns and bank statements. If you own a house, the trustee usually wants to see a mortgage, deed, a recent statement showing the mortgage balance. After reviewing the information in the document provided by a debtor, a trustee may have questions or request additional documents that need to be answered.

Debtors must also complete a second credit counseling course; personal financial management. And Chapter 13 debtors must make monthly payments on their plans until completion. Failure to do any of these things can result in a case being dismissed. The filing of a bankruptcy case does not signal the time to coast and stop working with your attorney.

It is important to understand that secured debts, debts where a person has used property as collateral like a house or car, are not generally discharged in bankruptcy. Taxes and government debts may or may not be discharged either. Also, if a person is seeking a discharge of student loans, additional steps within the bankruptcy case need to be taken and student loans are nearly non-dischargeable as well.

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

USCIS Bulletin - Temporary Protected Status Registration Period Extended for Liberia, Guinea, Sierra Leone

For those who may think this is just a post of USCIS material, you would be correct. Anyone can receive this information from the USCIS website or sign up for the bulletins I receive. I do this as a service for people who do not know about the government website or who do not wish to receive bulletins. I do not repose everything I get from USCIS. I hope people who come across my blog find it helpful. I also leave all the USCIS links in so people can go deeper into the information. People can also be reassured they are looking at and being directed to USCIS information. I know there are sites out there that look like government site but are not. So to the extent I can help people find information they need, I am happy and that is why I copy the USCIS information and post it here. For those of you who check out my blog, I thank you for your time and consideration.

Direct from USCIS:

"The Department of Homeland Security (DHS) is extending the initial registration deadline for Temporary Protected Status (TPS) from May 20, 2015, to Aug. 18, 2015, for eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries). Further details about the extension of the initial registration period appear in a Federal Register notice published today.

We strongly encourage eligible TPS applicants from these three countries to apply as soon as possible because applications will only be accepted through August 18, 2015.

We began accepting TPS applications on Nov. 21, 2014, from applicants of these three countries when DHS announced the 18-month TPS designations for Liberia, Guinea, and Sierra Leone, from Nov. 21, 2014, through May 21, 2016. If you submitted an application for one of these three countries and we previously returned the application based on the May 20, 2015 deadline, you may now resubmit your complete application by Aug. 18, 2015.

Eligibility

To be eligible for TPS, you must demonstrate that you meet all eligibility criteria, including that you have been “continuously residing” in the United States since Nov. 20, 2014, and “continuously physically present” in the United States since Nov. 21, 2014. You must also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS.

Additionally, you may apply for TPS even if you are a Liberian national currently covered under the two-year extension of Deferred Enforced Departure (DED) based on President Obama’s Sept. 26, 2014 memorandum. If you are a DED-covered Liberian national and you have an EAD or have applied for an EAD, you do not need to apply for another EAD related to this TPS designation. However, if you are granted TPS, you may request a TPS-related EAD at a later date as long as the TPS designation for Liberia remains in effect.

Registering

To register, you must submit:

• Form I-821, Application for Temporary Protected Status.
• The Form I-821 application fee (or a fee-waiver request).
• The biometrics services fee (or a fee-waiver request) if you are 14 years old or older.
• Form I-765, Application for Employment Authorization, regardless of whether you want an EAD.
• The Form I-765 application fee (or a fee-waiver request), but only if you want an EAD. If you do not want an EAD, no application fee is required. There is no Form I-765 fee for initial applicants under the age of 14, or 66 and over; these applicants may receive their initial EAD cards for free.

Fees and Fee Waivers

If you cannot pay the fee, you may request that we waive the Form I-821 application fee, Form I-765 application fee and biometrics services fee. However, you must file Form I-912, Request for Fee Waiver, or submit a written request. You must also send in supporting documentation with your fee-waiver request. We will reject your TPS application if you do not submit the required filing fees or a properly documented fee-waiver request.

Additional information about TPS for Liberia, Guinea, and Sierra Leone – including guidance on eligibility, the application process and where to file – is available at uscis.gov/tps.

This Web alert is also available in French.

La date d’échéance d’inscription pour le TPS concernant le Libéria, la Guinée et la Sierra Leone est le 20 mai 2015

Le mercredi 20 mai 2015  sera la date d’échéance pour les ressortissants éligibles du Libéria, de la Guinée et de la Sierra Leone (et pour les personnes apatrides qui ont résidé en dernier lieu dans l’un de ces trois pays) concernant l’inscription pour le Statut de Protection Temporaire (Temporary Protected Status ou TPS). La désignation TPS fonctionne du 21 novembre 2014 au 21 mai 2016.

Éligibilité

Pour être éligible au TPS, vous devez démontrer votre qualification aux critères d’éligibilité, y compris le fait que vous avez « résidé de manière continuelle » aux États-Unis depuis le 20 novembre 2014 et que vous avez été « continuellement et physiquement présent » aux États-Unis depuis le 21 novembre 2014. Vous devez également passer des vérifications complètes de sécurité. Les personnes avec certains casiers judiciaires ou bien posant une menace à la sécurité nationale ne sont pas éligibles au TPS.
Par ailleurs, vous pouvez faire la demande de TPS, même si vous êtes un ressortissant libérien couramment sous l’effet de la prolongation de deux ans de la Déportation Forcée Différée (Deferred Enforced Departure ou DED) basée sur le mémorandum du Président Obama en date du 26 septembre 2014. Si vous êtes un ressortissant libérien couvert par la DED et que vous avez un EAD (Permis de Travail) ou que vous avez déposé une demande d’EAD, vous n’avez pas besoin de demander un autre EAD relatif à cette désignation TPS. Toutefois, si le TPS vous est accordé, vous pouvez faire la demande d’EAD lié au TPS à une date ultérieure, dès lors que la désignation du TPS pour le Libéria demeure en vigueur.

Comment s’inscrire

Pour vous inscrire, vous devez fournir :

• Le formulaire I-821, Demande de Statut de Protection Temporaire.
• Les frais de services biométriques (ou une demande d’exemption de ces frais) si vous êtes âgé de 14 ans ou plus.
• Le formulaire I-765, Demande de Permis de Travail, indépendamment du fait que vous voulez ou non un EAD.
• Les frais de demande liés au formulaire I-765 ou une demande d’exemption de ces frais, mais seulement si vous voulez un EAD. Si vous ne voulez pas d’EAD, aucun frais de demande ne s’applique. Il n’y a pas de frais liés au formulaire I-765 pour les postulants pour la première fois âgés de moins de 14 ans, ou de 66 ans et plus ; ces postulants peuvent recevoir leurs premières cartes d’EAD gratuitement.

Frais et exemptions des frais

Si vous ne pouvez pas payer les frais, vous pouvez demander une exemption des frais de demande associés au formulaire I-765 ou aux services biométriques. Toutefois, vous devez remplir et déposer le Formulaire I-912, Demande d’Exemption des Frais ou remettre une demande par écrit. Vous devez aussi envoyer la documentation à l'appui de votre demande d’exemption des frais. Votre demande de TPS sera refusée si vous ne remettez pas les frais de demande obligatoires ou une demande correctement documentée d’exemption des frais.
D’autres informations sur le TPS concernant le Libéria, la Guinée et la Sierra Leone—y compris des directives sur l’éligibilité, le processus de demande et où déposer la demande—sont à votre disposition à uscis.gov/tps.
Cet avis sur le web est également disponible en anglais."

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

 

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USCIS Bulletin - Initial Registration Deadline for Syria TPS Is July 6, 2015

Direct from USCIS:

"Monday, July 6, 2015, is the deadline for eligible nationals of Syria (and people without nationality who last habitually resided in Syria) who do not currently hold Temporary Protected Status (TPS) to register for TPS. The redesignation of Syria for TPS runs from Jan. 5, 2015, through Sept. 30, 2016.

Eligibility

To be eligible for TPS, you must demonstrate that you meet all eligibility criteria, including that you have been “continuously residing” in the United States since Jan. 5, 2015, and “continuously physically present in” the United States since April 1, 2015. You must also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS.

Registering

To register, you must submit:

• Form I-821, Application for Temporary Protected Status;
• The Form I-821 application fee (or a fee-waiver request);
• The biometrics services fee (or a fee-waiver request) if you are 14 years old or older;
• Form I-765, Application for Employment Authorization, regardless of whether you want an EAD; and
• The Form I-765 application fee (or a fee-waiver request), but only if you want an EAD. If you do not want an EAD, no application fee is required. There is no Form I-765 fee for initial applicants under the age of 14 or over 65; these applicants may receive their initial EAD cards for free.

Fees and Fee Waivers

If you cannot pay the fee, you may request that we waive the Form I-821 application fee, Form I-765 application fee or biometrics fee. However, you must file Form I-912, Request for Fee Waiver, or submit a written request. You must also send in supporting documentation with your fee-waiver request. We will reject your TPS application if you do not submit the required filing fees or a properly documented fee-waiver request.

Additional Information

More information about the designation of Syria for TPS—including guidance on eligibility, the application process and where to file—is available at uscis.gov/tps, the Syria TPS page and in the Federal Register notice."

 

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

 

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

 

 

Medical Bills - a major cause of bankruptcy

Image courtesy of Baitong333 at FreeDigitalPhotos.net

Many of the clients that come into my office have medical bills. It can be anything from a serious or long term illness to a problem pregnancy. One of the things I find interesting is how aggressive medical collections can get for what seems like small sums, especially when an insurance company has paid a portion of the bill. Most bankruptcy attorneys know medical bills are a problem but I didn't realize there was a term to describe it... Medical Bankruptcies.

In an article on Fox Business News website; Medical Bankruptcies are Still a Problem, Here's What to Expect, Donna Fuscaldo, the author, discusses the impact of medical bills on a family and its finances. "According to a 2013 study by NerdWallet Health, unpaid medical bills are expected to be the No.1 cause of bankruptcy filings, surpassing both credit card and mortgage debt." The article goes on to explain it isn't the lack of health insurance but the high deductibles and medical services not covered by the insurance. This trend is expected to continue. (this article is worth reading if you have an interest in the topic)

Medical issues and the associated bills may not be the only cause of the bankruptcy, but it can be the catalyst creating or aggravating many of the problems leading to a person's bankruptcy. The considerations for filing bankruptcy with medical bills are similar to filing for general credit issues. It is not a bad idea to take advantage of a free consultation with a bankruptcy attorney.

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

USCIS Bulletin - Don’t Let Your Work Permit Expire; Follow These DACA Renewal Tips

Letting most things expire with USCIS can be problematic. Please pay attention to expiration and renewal dates.

Direct from USCIS:

"Some people wait too long to request DACA renewal or do not correctly submit all the required forms and fees. As a result, their Employment Authorization Documents may expire before USCIS can finish processing their requests for DACA renewal.

You can lessen the chance that this may happen if you:

• File on time. Submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document.
• Correctly submit all required forms and fees. USCIS will reject your renewal request unless you properly submit:
• Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
• Form I-765, Application for Employment Authorization;
• Form I-765 Worksheet; and
• Required fees of $465
• Avoid processing delays. Be sure to submit:
• Any new documents and information related to removal proceedings or criminal history that you have not already submitted to USCIS in a previously approved DACA request,
• Proof of advance parole if you have traveled outside the United States since you filed your last DACA request that was approved; and
• Proof of any legal name change.
• Respond to Requests for Evidence. USCIS may deny your renewal request if you do not respond to a Request for Evidence in a timely manner.

For complete instructions, go to the Consideration of Deferred Action for Childhood Arrivals (DACA) page.

Since March 27, 2015, USCIS has been mailing renewal reminder notices to DACA recipients 180 days before the expiration date of their current period of deferred action. Previously, these reminder notices were mailed 100 days in advance. The earlier notices are intended to ensure that DACA recipients are reminded before the start of the recommended renewal period and have sufficient time to prepare their renewal requests.

USCIS’ current goal is to process DACA renewal requests within 120 days. You may submit an inquiry about the status of your renewal request after it has been pending more than 105 days. To submit an inquiry online, please visit egov.uscis.gov/e-request, or call the National Customer Service Center at 1-800-375-5283 (TDD for the hearing impaired: 1-800-767-1833)"

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

 

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

Student Loans - one type of loan you may be able to cancel...

As you will find in articles throughout your internet searches and as I have mentioned in numerous blog posts here, student loans are near impossible to discharge. But there is one class of student loans that may be easier to cancel than most. If you went to a school that closed before you finished or wrongfully took tuition from you.

Image courtesy of ddpavumba at FreeDigitalPhotos.net

In the news this week is one particular school franchise. The for-profit college chain Corinthian Colleges, Inc. It "has been the target of consumer and taxpayer protection enforcement efforts by the federal government and other authorities." The Department of Education announced a new process for relief from debt of these colleges: Debt Relief for Corinthian Students—How We’re Working to Protect Taxpayers.

Though the Depart. Of Ed. does have its critics, The Department of Education’s Debt-Forgiveness Plan Does Not Go Far Enough, it is an avenue people should investigate if they have loans for any schools that were owned by Corinthian Colleges, Inc.

But this is not the only relief the Depart. Of Ed. offers. There are a few other programs someone can look into for relief. See the Department of Education's blog and website for more information: In certain situations, you can have your federal student loan forgiven, canceled, or discharged. Working with a government agency is usually not a pleasant experience but it may be your only or best option.

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 - update - US Supreme Court rules on stripping second mortgages

Update on my previous blog "Bankruptcy - US Supreme Court looks at a major change in Chapter 7 bankruptcies."

The US Supreme Court ruled Monday that debtors cannot strip second mortgages.

Image courtesy of hywards at FreeDigitalPhotos.net

"The Supreme Court ruled on Monday that the second mortgages should not be treated as unsecured debt, hence upholding the Dewsnup decision. Justice Clarence Thomas, in delivering the opinion of the court, wrote that, 'Section 506(d) of the Bankruptcy Code allows a debtor to void a lien on his property '[t]o the extent that [the] lien secures a claim against the debtor that is not an allowed secured claim.' 11 U. S. C. §506(d). These consolidated cases present the question whether a debtor in a Chapter 7 bankruptcy proceeding may void a junior mortgage under §506(d) when the debt owed on a senior mortgage exceeds the present value of the property. We hold that a debtor may not, and we therefore reverse the judgments of the Court of Appeals.'" as reported by DSNews

So this case reaffirms the law as it has been in applied in the past. So, debtors will be required to give up their homes to be released from a second mortgage no matter what the property is worth.

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

"So what happens when they foreclose on my house?"

In previous blogs, I discussed ways to avoid mortgage foreclosure and settle the matter before a court action. But what happens when a homeowner cannot avoid a mortgage foreclosure or wants to take advantage of the time a foreclosure action takes to complete? In Pennsylvania, the mortgage company has to go through several steps before it can foreclose on a home.

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

First, a homeowner must fall behind a couple months on his or her mortgage payment. Once someone falls behind, the bank will send notice to the homeowner that it intends to proceed with foreclosure unless the homeowner acts. There are a couple options and they will be identified in the notice. If the homeowner does nothing or is unsuccessful in exercising the options available, the bank will file a complaint in foreclosure.

In many counties in PA, the court requires the homeowner and the mortgage company to attempt to settle the matter even after the complaint is filed. If the parties cannot work out a solution, the mortgage company is permitted to move forward with the foreclosure. The homeowner has 20 days to answer the complaint, Then the mortgage company can send a notice it intends to request a default judgment because the complaint wasn't answered.

If the homeowner still does nothing, a judgment in foreclosure will be granted to the mortgage. The judgment has to be sent to the sheriff's office to schedule the sale of the home. It will take time to schedule the sale. Up to the actual sale, the homeowner can save his or her home. They can work with the bank to make a payment and reinstate the mortgage. It is usually a large sum of money but it will put the homeowner back on track. If the homeowner cannot afford a lump sum payment, he or she can still file for bankruptcy under chapter 13 to protect the home and pay up the mortgage over time.

If the homeowner continues to do nothing, the home is sold by the sheriff. Once the home is sold, there is little chance of saving the home. But that does not mean the homeowner is forced out of the home the day of the sale. The property must be transferred to the new owner and then the homeowner will receive notice to vacate the property.

Even if the mortgage company takes every step as quickly as permitted by law, it is hard to complete the process in less than six months. In most case it will take close to a year to complete and some mortgage companies will allow this to drag out well over a year.

Some homeowners will not be able to work out an agreement with the mortgage company to save the home. Others may take advantage of the time it take to finalize a foreclosure. The time a home is in foreclosure, the mortgage company will not usually accept payment. The homeowner stays in the home rent free. This can be a time for the owner to save money before he or she needs to start paying rent again.

It is a long process to complete a mortgage foreclosure in PA even if a homeowner chooses to do nothing to save the home or is unsuccessful in using the various methods to save his or her home. If a person cannot save his or her home, he or she should consider using the time to save money.

Related blog entries:

Even in Chapter 7 Bankruptcy, returning your house to the bank isn't like taking a sweater back to the store

Market Watch - "... zombie foreclosures ..." up in New Jersey and "Philadelphia (5,405)"

Did you know a short sale of your home could create income for you? ... but not this year ...

Deed in lieu of foreclosure - You take the house and we're square ... right?

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

USCIS Bulletin - Temporary Protected Status Extended for Somalia

Direct from USCIS:

"WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Somalia (and eligible individuals without nationality who last habitually resided in Somalia) for an additional 18 months, effective Sept. 18, 2015, through March 17, 2017.

Current TPS Somalia beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that runs from June 1, 2015, through July 31, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before June 1, 2015.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS Somalia beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March, 17, 2017.

To re-register, current TPS beneficiaries must submit:

• Form I-821, Application for Temporary Protected Status (Re-registrants do not need to pay the Form I-821 application fee).
• The biometrics services fee (or a fee waiver request) if they are 14 years old or older.
• Form I-765, Application for Employment Authorization, regardless of whether they want an EAD.
• The Form I-765 application fee or a fee waiver request, but only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required.

Applicants may request that USCIS waive the Form I-765 application fee and/or biometrics fee based on an inability to pay. To do so, applicants must file a Form I-912, Request for Fee Waiver, or submit a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee waiver request.

All USCIS forms are free. Applicants can download these forms from the USCIS website at uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.

Additional information on TPS for Somalia —including guidance on eligibility, the application process and where to file—is available online at uscis.gov/tps. Certain individuals who are not current TPS beneficiaries may be able to apply late for TPS under the Somalia designation. Information on Late Initial Filing is also available at uscis.gov/tps. Further details about this extension of TPS for Somalia, including the application requirements and procedures, appear in a Federal Register notice published today.

Applicants seeking information about the status of their individual cases can check My Case Status Online, or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833)."

 

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

 

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