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Discussions on Bankruptcy, Estate Planning, Estate Administration, and other areas of our legal practice
Thursday, January 18, 2024
Bankruptcy - Judgments can live for a long long time.
Thursday, May 12, 2022
Mortgage Relief may be available
Did you fall behind on your mortgage because of the COVID-19 pandemic? You may be eligible for assistance. Check this site out:
Pennsylvania Homeowner Assistance Fund
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| Image courtesy of Master isolated images at FreeDigitalPhotos.net |
"The Pennsylvania Homeowner Assistance Fund, or PAHAF, is a housing-related program funded by the U.S. Department of the Treasury to assist Pennsylvania homeowners facing financial hardship due to the COVID-19 pandemic that began after January 21, 2020, (including a hardship that began before January 21, 2020, and continued after that date). The program will provide financial assistance to homeowners for qualified mortgage and housing-related expenses to address delinquency and avoid default, foreclosure, or displacement."
If you are behind on your mortgage payments, this program might be the answer. If this doesn't work for you, you may still be able to protect your home through a Chapter 13 bankruptcy plan.
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 #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania
Sunday, March 13, 2022
Bankruptcy - Age is not a factor, don't let it be a barrier
Sunday, January 16, 2022
Things do not seems to be getting any better... Is it time to clean the slate by filing for bankruptcy protection?
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"How sky-high inflation is evaporating Americans' savings, imposing 'cruelest tax' on
the poor" ABC News
"Rising prices put American families in deeper debt" FOX Business News, which states in the body:
"... According to a recent study from NerdWallet, Inc. the average U.S. household owes $155,622, with American households holding $15.23 trillion in debt nationwide. That figure is up 6.2% from a year ago..."
"The Fed Has Signaled Rate Hikes for 2022. Here's How That Could Impact Consumers" the ascent, which states in the body:
"... Once the Federal Reserve raises its rates, we could see credit card interest rates follow suit. That would be bad news for consumers who rack up balances during the holiday, or who carry existing balances into the new year..."
"Get ready for the climb. Here’s what history says about stock-market returns during Fed rate-hike cycles. MarketWatch, which states in the body:
"...To be sure, it is harder to see the market producing outperformance during a period in which the economy experiences 1970s-style inflation. Right now, it feels unlikely that bullish investors will get a whiff of double-digit returns based on the way stocks are shaping up so far in 2022. The Dow is down 1.2%, the S&P 500 is off 2.2%, while the Nasdaq Composite is down a whopping 4.8% thus far in January..."
So, people are exhausting their savings, paying more for the essential goods, accruing more debt, and interest rates on current credit card debt is set to rise. Along with all this economic news, the federal stimulus money has ended. If you are just keeping your head above water now, you may start feeling like you are trying to bail out the Titanic in a few months.
On top of all this, your retirement accounts (401(K)'s, IRA's, 403b's, etc.) will probably see a rough ride as well. This is not the time to withdraw retirement savings. I would argue it in never time to withdraw retirement savings if you are not retired.
This may be the time to start the year with a clean slate? If this is the case, talk to a bankruptcy attorney about options.
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 4, 2022
Thinking about bankruptcy? This is not the time to pay back your family or friends...
Times are tough ... inflation is raging, stimulus ended, and interest rates about to increase. Many people have not fared well through the Covid-19 pandemic. Also, some people relied on family and friends for help to make ends meet. The natural desire is to pay back friends and family first.
| Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net |
It may also be considered a "fraudulent conveyance." When you pay money to a friend or family member, an "insider", to avoid paying another creditor like a credit card company, a court could find this a "fraudulent conveyance." As a result, a Trustee can look to recover the payments from your family and friends. Don't get caught in this situation; talk to a bankruptcy attorney.
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
Thursday, November 11, 2021
Bankruptcy - What is the impact of inflation on my budget? Don't let it trap you.
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Consumer prices jumped 6.2%. I'm not completely sure what that means and how they come up with the figure of "6.2%" or how it applies. Looking at these statistic, a family of four spends about $5,389.00. If you increase that figure by 6.2%, you increase your monthly spending by $334.00 per month to $5,723.00 or $4,009.00 per year. But I'm not sure it that is the best measure.
Look at the figures when you break them out of the overall combined average. Fuel oil and Energy prices (gasoline, natural gas, propane, electricity) are up double digits. Meat, poultry, fish and eggs are also up double digits.
The CNBC article shows:
- "... Annual core inflation ran at a 4.6% pace..."
- "... Fuel oil prices soared 12.3% for the month [Oct], part of a 59.1% increase over the past year...";
- "... Energy prices overall rose 4.8% in October and are up 30% for the 12-month period..."
- "... Food prices also showed a sizeable bounce, up 0.9% [Oct] and 5.3% [year] respectively. Within the food category, meat, poultry, fish and eggs collectively rose 1.7% for the month and 11.9% year over year..."
- "... Shelter costs, which make up one-third of the CPI computation, increased 0.5% for the month and are now up 3.5% on a year-over-year basis..."
The current costs for a family of four using bankruptcy statistics for the my region:
Expenses Cost (05/15/21) Increase Est Increase
- Mortgage/Rental $2,002.00 3.5% $ 2,072.00
- Utilities/Maintenance $ 789.00 30% - 59.1% $ 1,025.00 (@ 30%)
- Food $ 955.00 5.3% - 11.9% $ 1,006.00 (@ 5.3%)
- Housekeeping, Clothes, Etc. $ 785.00 4.6% $ 821.00
- Out-of-pocket Med expenses $ 272.00 4.6% $ 284.00
- Reg Operating expense - 2 cars $ 586.00 59.1% $ 932.00
Total per month $ 5,389.00 $6,140.00
Using the lowest percentage of increases, statistically, the increased costs for a family of 4 would be approximately $751.00 per month, which is approximately $9,012.00 per year. Utilities, Food and Operating costs for two cars are variables because those costs include multiple products with different rates of inflation increases. If you drive a good distance to work, regularly consume meat, poultry, fish and eggs, use fuel oil to heat your home, I think the monthly increase is higher. If you have a fixed mortgage, maybe you will not see an increase in the Mortgage/Rental category.
I am not an economist and maybe my analysis is flawed. I'm sure someone out there would contest this. These are my personal thoughts and how I think these numbers really work.
So, if you were just making your minimum payments on your credit cards and other unsecure debt over the last several months, you may have felt like your income was shrinking. How much trouble will you have making the same payments going forward? Maybe it is time to look at your options including bankruptcy.
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
Wednesday, November 10, 2021
Bankruptcy - Chapter 7 - Can I keep my home?
This is a topic I wrote about before but worth discussing
again. In many cases, a family can keep their home in a chapter 7 bankruptcy case.
One question is "how much equity do you have in your home?" Some
people don't understand what "equity" is and others just don't know the values needed to calculate the equity. Equity is the full value of
your home minus the balance of the mortgage (and second mortgage if you have
one) owed on your home.
If your home is worth $200,000.00 and your first mortgage
balance is $160,000.00 and you have a second mortgage of $20,000.00, you add
the mortgages ($160K+$20K= $180K) and deduct that number for the value of the
home ($200K - $180K = $20K). You own $20K of value in your home.
Bankruptcy law allows a debtor to exempt (protect or keep) a
certain amount of value in their home. In the Eastern District of Pennsylvania,
a couple can use bankruptcy law to keep a little over $50,000 of equity in
their home. That means in both examples above, a couple filing bankruptcy that
have $20K - $40K of equity in their home could keep their home in a chapter 7
bankruptcy case, providing they meet all the other requirements to file for
chapter 7 protection.
One of the challenges people are facing today is the rapid
increase of value that real estate is experiencing under the current market
conditions. In Pennsylvania, home values have increased about 16% over the last
year.
So, if your home was valued at $200,000.00 last year, your
home may be worth $32,000.00 more for a total of $232,000.00. Using the
examples above and let's say your mortgage balance last year was $160,000.00
and you paid down $10,000.00 on the principal of your mortgage. That means your
mortgage balance is now $150,000.00.
Using the first example, the equity in your home is now
$82,000 ($232K - $150K = $82K). Using the second example, the equity in your
home is now $62,000.00 ($232K - $170K = $62K). In both examples your equity now exceeds the $50,000.00 exemption.
This is an oversimplification of the analysis needed. Other factors, like the cost to sell your home, to consider. If this is your concern, don't make a decision based on this article alone. Talk to a bankruptcy attorney for a more thorough review.
Also, for a married couple who own a home as husband and wife, there is another way to protect a home but that is a topic for another blog.
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.
Other articles:
Bankruptcy - “Can I keep my house?” - is that the best question?
Bankruptcy and equity in your home Part 1: What is equity?
Bankruptcy and equity in your home Part 2: How does equity impact my choices? Can you own too much of your home?
Saturday, July 3, 2021
Mortgage relief coming to an end ... Now what?
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| Image courtesy of Stuart Miles at FreeDigitalPhotos.net |
If working with your mortgage doesn't work, you may have another option; Chapter 13 Bankruptcy. Chapter 13 allows you to take up to 5 years to catch up on your mortgage. You will be required to start paying your regular mortgage payment and make another payment to a Trustee to pay your mortgage arrears. But, if you can do that, the mortgage company has no real say accepting the back payments over 5 years. If you find yourself out of options with the mortgage company and want to save your home, talk to a bankruptcy attorney.
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.
Another article:
Mortgage servicers brace for fallout as Covid bailout comes to an end
Sunday, August 16, 2020
Credit Unions - not your friend in bankruptcy
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| Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net |
Why would I do that? ... change banks before filing for bankruptcy
Sunday, July 5, 2020
Hidden Income - Bankruptcy - Chapter 13
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| Image courtesy of Vichaya Kiatying-Angsulee at FreeDigitalPhotos.net |
Sunday, June 21, 2020
"Charged Off" - don't get so excited - Bankruptcy
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| mage courtesy of Stuart Miles at FreeDigitalPhotos.net |
Saturday, June 20, 2020
Moving Forward after the Covid-19 crisis passes
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| Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net |
Saturday, May 9, 2020
Look who needed bankruptcy help once too
I found this article, "9 Famous People That Went Bankrupt Before They Were Rich" on Forbes.
Look who used bankruptcy protections to restart their financial lives:
Abraham Lincoln: "1833, a young Lincoln declared bankruptcy after a business he owned went under. His penalty for doing so was severe - Lincoln spent 17 long years repaying his creditors before he regained his financial footing and embarked on his journey to the U.S. presidency and the history books." (TheStreet)
Dave Ramsey: "Dave came out of the starting gate like a championship horse. By the age of 26, he built a portfolio of rental real estate worth over $4 million through his brokerage firm, Ramsey Investments, Inc. He had become a superstar in the real estate market of his home state of Tennessee at a very tender age.
Sunday, April 19, 2020
A storm is coming and it is time to prepare now - Bankruptcy
First, collection agencies and attorneys are businesses too. They have payroll and overhead expenses like any other business. People's livelihood rely on income from this industry. Most of them only make money when they collect money. They are not making money now and they are falling behind on there own bills too. The only way to catch up is to collect.
Second, they are planning for the courts to open. It may seem quiet for some (not all) because the law suits have slowed and local governments have set up temporary protections but creditors are working in the background. I did another quick check of the filings (the dockets) of Montgomery and Bucks Counties from March 1 to April 30, 2020 (April 18 actually) and I found 176 cases in Montgomery County and 132 cases filed in Bucks County. Again this is not an exhaustive search and these numbers may have some duplicates due to multiple parties (husband and wife).
Here are a couple interesting/concerning things I found:
Creditors are setting up judgments for execution. I found several creditors filing numbers of district court judgments in county court.
Corona virus, finances, bankruptcy ... Part 4 ... Credit Card Collections
Friday, April 10, 2020
Corona virus, finances, bankruptcy ... Part 4 ... Credit Card Collections
Sunday, March 22, 2020
Corona virus, finances, bankruptcy ... Part 2 ... Government Assistance
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| Image courtesy of Stuart Miles at FreeDigitalPhotos.net |
As the crisis worsens, Federal and Local governments are attempting to offer financial relief to the public. One of the actions I have seen in the news is a Federal Government program. Federal regulators announced a Freddie Mac and Fannie Mae federal mortgage relief plan that can give up to a yearlong break on mortgage payments. The announcement is new and I am not sure many details are available. The article (linked above) indicates:
"Under the plan, people who have suffered a loss of income can qualify to make reduced payments or be granted a complete pause in payments."Homeowners need to follow the plan and have responsibilities too:
"'That forbearance is up to 12 months, depending on their particular situation,' says Mark Calabria, director of the Federal Housing Finance Agency, which oversees Fannie and Freddie.
Homeowners can't just stop paying their mortgage. 'They need to contact their servicer — that is the lender that they send the check to every month,' he says. 'That lender will work with them to be able to work out a payment plan. Obviously, we hope to get them back on their feet as soon as possible.'"And here is the keys homeowners need to keep in mind:
- Not all mortgage loans are Freddie Mac and Fannie Mae backed loans;
- A homeowner must "qualify" for this program, which will probably be easy at first and, I suspect, harder as we recover; and
- This is not a forgiveness program, everyone will ultimately need to make up all payments they missed at some point.
Many of us will have no choice but to use this assistance. So, use this relief as necessary. I recommend people try to use only what they need. I know that is easier said than done. If people find themselves missing more payments than they can afford to pay back in the time the bank wants to allow, bankruptcy laws may be the additional help they need. Chapter 13 is set up to let people catch up their mortgage payments over 5 years if needed. Keep in mind, there is other help available beyond the temporary measures being offered now.
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.
Other Links:
Freddie Mac.com Covid-19 Response
Fannie Mae Covid-19 Approach
Bankrate.com Mortgage lenders offer help to borrowers affected by coronavirus
Bankrate.com - Programs to freeze foreclosures and evictions
#bankruptcy Chapter7 #Chapter13 #MontgomeryCounty #lawfirm #BucksCounty #Pennsylvania











