Sunday, March 13, 2022

Bankruptcy - Age is not a factor, don't let it be a barrier

Most people who come into my office to talk about bankruptcy are embarrassed. They seem to think that no matter what major events have occurred in their lives; serious illness, divorce, extended unemployment/under-employment, and/or downturns in the economy in general, they still feel they did something wrong. The reality is, life happens. Like now, high inflation, gas prices through the roof, a war in Europe, and no real end in sight. On top of bad times, people sometimes kick money issue down the road for years. So, what happens when you want to retire?

Recently, I have had several people in their 70's contact me about bankruptcy over the past few months. Everyone feels embarrassment when they need to speak to an attorney about bankruptcy but this group seems to feel it more. They feel they should be wiser and more responsible for their situation. The reality is they seem to be more vulnerable. 

Part of their income is fixed and they are working menial jobs to pay the debt they accrued when they were working in their careers. They have depleted their savings trying to get ahead of the debt and have made very little progress. If they are working when they come in, it is just enough to make ends meet and have nothing saved for an emergency. Finally, they will never be in a position to save again. They are coming to the realization they need help and bankruptcy is their option. 

Hard times are not limited to the young or foolish. As people age, they become more vulnerable to economic hardships and less able to recover. Everybody needs help sometime in their life. Sometimes it is later in life. Don't let your age be the reason you don't ask for help. 

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

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?

Image courtesy of jscreationzs
at FreeDigitalPhotos.net
 Here are some of the current headlines:

"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
If a person does so, it could cause problems later if that person needs to file for bankruptcy protection. Bankruptcy laws do not allow a debtor to treat one unsecure creditor different from another. Believe it or not, according to the law, owing a family member money is the same as owing a credit card company money. You cannot pay one creditor (your family) over another (credit card company). That can be called a "preference."

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.

Image courtesy of jscreationzs
at FreeDigitalPhotos.net
As many probably heard in the news this week (11/10/2021), inflation is at a 30-year high. I hear all these numbers and percentages thrown out at me, but I was not sure how to analyze them. So, I thought I would use the statistics and data used by the bankruptcy courts and US Trustee to try and measure and illustrate the impact of inflation on our lives. I am using the CNBC article “U.S. consumer prices jump 6.2% in October, the biggest inflation  surge in more than 30 years” and “MEANS TESTING” page (updated May 15, 2021) as the data sources for this article.

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.

For instance, if your home is worth $200,000.00 and your mortgage balance is $160,000.00; your equity is $40,000.00 ($200K - $160K = $40K). Basically, you own $40K of value in 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?



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