Saturday, June 30, 2018

Current photo ID - needed for bankruptcy


"Current photo ID please," sound pretty simple, right? That is one of the first questions asked by the trustee as he or she starts the creditors meeting. It is required. Not hard, right? Something we generally take for granted and do not really use often.

This can be a show stopper for the creditors meeting. I had a client who pled guilty to a DUI between the time he spoke to me to start his bankruptcy and the time I filed it. In Pennsylvania, the state requires the driver to physically surrender his/her license at the time of sentencing. 

So my client surrendered his driver's license and didn't mention it until I reminded him to bring it to the meeting. I asked about other photo ID. He had an expired passport. The assigned trustee would not accept the expired passport as ID. 

I recommended my client go to DMV to get a photo ID (again a PA thing). He laminated his social security card so the DMV would not issue a photo ID.  When he went to the local Social Security office to get a social security new card, the representative could not issue a new card without a current photo ID. He finally worked it out.

We had to continue the creditors meeting three times. One more continuance request would have generated a motion to dismiss the case from the trustee. The moral to this story is every detail is important. 

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
 
   

Thursday, June 21, 2018

Quick Tip: Call your attorney .... whenever you receive a notice from the bankruptcy court

Image courtesy of vectorolie 
at FreeDigitalPhotos.net
Court notices come in basically two forms in a bankruptcy case. Many notices come through e-mail and the rules require many notices to be sent through regular mail. After any case commences, notices are rarely "served" like you see in the movies. While both of these forms can be convenient, they are not infallible. 

So many things can happen to an e-mail ... spam filters, mail box rules, information overload and missed, computer glitches. Mail takes time and can get lost. Missing notices are rare but do happen. If a client receives anything from a creditor's attorney or the court, he or she should contact his or her attorney as soon as possible. 

This is even more important in Chapter 13 cases. Chapter 13 cases take years to complete and many issues can occur without your attorney's knowledge. People can help their case by helping and working with their attorneys. 

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
 
   

Saturday, June 2, 2018

$350 million in loan forgiveness up for grabs - Article from Yahoo Finance

Everyone knows student loans present a huge challenge. It is compounded when a person suffers extended unemployment or under employment, major medical issues, and/or a family break up. These are the issues that can send a person into bankruptcy. Unfortunately, bankruptcy rarely helps with student loans (see my blog Bankruptcy Discharge of student loans - Brunner Test)

Generally, the best first stop is the Department of Education website to check out the forgiveness programs available. The DOE recently announced guidelines for a new program:

by Jeanie Ahn, Senior Producer/Reporter, Yahoo Finance, June 1, 2018

"If you have a job in public service and you’re saddled with student loans – and have previously been denied loan forgiveness – a new program from the Department of Education may be your last resort.  
Last week, the DOE allocated $350 million in additional student loan forgiveness through a new program, Temporary Expanded Public Service Loan Forgiveness, or TEPSLF."
The guidelines are pretty tight but it may be worth a look if you are in public service. If these programs will not work for a person, bankruptcy may help. In many cases, bankruptcy can free up enough income to make the student loan payments bearable. 
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