Podcasts about garnishment

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Best podcasts about garnishment

Latest podcast episodes about garnishment

Overdue Advice
Strategies for Collecting Your Judgment, with Howie Sniderman, KC

Overdue Advice

Play Episode Listen Later Mar 28, 2025 23:07 Transcription Available


Host Bryn Griffiths sits down with Howie Sniderman, KC, a senior litigation partner at Witten LLP, to unravel the complexities of collecting on a judgment. While achieving a judgment may seem like a victory, it's often just the beginning of a new, challenging journey towards actually securing the owed funds. Howie breaks down the intricacies of this process, from understanding what a judgment truly represents to the necessary steps you must undertake to enforce it. Join Bryn and Howie as they explore the strategies and challenges involved in turning a legal ruling into tangible results, with practical insights that could be invaluable for your business's financial strategy. Whether you're facing a simple debt collection case or a labyrinthine legal battle, this episode is packed with advice to help streamline your path to resolution. Tune in and equip yourself with the overdue advice you need!Episode Highlights:00:00 Understanding Money Judgments06:32 Conduct Property and Judgment Searches09:45 Forcing Asset Disclosure in Court13:31 Garnishment Process for Wages and Accounts17:26 Debt Collection Enforcement Steps18:45 "Post-Pandemic Normalcy Challenges"Key Takeaways:Judgment Basics: Discover why a judgment is merely the start of a new road and not the end of your collection process.Enforcement Steps: Learn about registering a writ of enforcement and how to use personal property registries to strengthen your claim.Practical Collection Methods: Explore various practical methods such as garnishment of wages, bank accounts, and more that can aid in collecting what you are owed.Real-World Insights: How the pandemic has affected debt collections and what it means for your business moving forward.

Modern Family Matters
What Goes Into a Chapter 13 Bankruptcy Repayment Plan?

Modern Family Matters

Play Episode Listen Later Jan 16, 2025 21:46


Send us a textJoin us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss what you can expect from a Chapter 13 Bankruptcy repayment plan.As a leading divorce, bankruptcy and personal injury firm in Portland, our attorneys provide guidance on custody, alimony, separation, estate planning, and more. Learn what to expect in Oregon and Washington divorce cases and how we can help.If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
How to Prepare for a Chapter 7 Bankruptcy Meeting of Creditors

Modern Family Matters

Play Episode Listen Later Jan 6, 2025 16:33


Send us a textJoin us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss how to prepare for the meeting of creditors in a Chapter 7 bankruptcy, and ensure that all runs smoothly not only for the meeting, but for the bankruptcy as a whole.As a leading divorce firm in Portland, our attorneys provide guidance on custody, alimony, separation, estate planning, and more. Learn what to expect in Oregon and Washington divorce cases and how we can help.If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Veterans Legal Lowdown: VA Benefits Explained
CCK Live: Breaking Down Garnishment: Is Your VA Disability Pay Protected?

Veterans Legal Lowdown: VA Benefits Explained

Play Episode Listen Later Dec 10, 2024 2:39


Can VA disability benefits be garnished? In this episode, we discuss what protections exist for VA disability benefits and the circumstances that could lead to garnishment. Although VA benefits are typically protected from garnishment, there is an exception for veterans with military retirement pay. Tune in to learn more! For more information, visit our website at ⁠⁠⁠⁠⁠⁠cck-law.com⁠⁠⁠⁠⁠⁠ Follow us on social media: ⁠⁠⁠⁠⁠⁠YouTube⁠⁠⁠⁠⁠⁠ - ⁠⁠⁠⁠⁠⁠https://bit.ly/CCKYTL⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠Facebook⁠⁠⁠⁠⁠⁠ - ⁠⁠⁠⁠⁠⁠https://bit.ly/CCKFBL⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠Instagram⁠⁠⁠⁠⁠⁠ - ⁠⁠⁠⁠⁠⁠https://bit.ly/CCKINL⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠Twitter⁠⁠⁠⁠⁠⁠ - ⁠⁠⁠⁠⁠⁠https://bit.ly/CCKTL

Bankruptcy Attorney Talks
Where did that wage garnishment come from? Hollins Bankruptcy Law Office FREE CONSULTATION www.hlome

Bankruptcy Attorney Talks

Play Episode Listen Later May 31, 2024 1:50


Where did that wage garnishment come from? Hollins Bankruptcy Law Office FREE CONSULTATION www.hlomeet.com Toll Free 866-862-4557 Nashville 615-616-6677 Detroit 313-288-0884 Flint 810-333-0064 Memphis 901-599-0099 #bankruptcy #bankruptcylawyer #flint #detroit #chapter7 #chapter13 #creditrepair #bankruptcylawyer #Michigan #Tennessee #memphis #nashville #debt

Modern Family Matters
The Path of Bankruptcy Debts Pt 3: How Debts Are Treated After a Bankruptcy Is Filed

Modern Family Matters

Play Episode Listen Later Apr 4, 2024 19:40 Transcription Available


Join us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss the path of debts throughout the bankruptcy process, with a focus on how they're treated after a bankruptcy is filed.If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
The Path of Bankruptcy Debts Pt 2: How Debts Are Treated During a Bankruptcy

Modern Family Matters

Play Episode Listen Later Apr 1, 2024 19:41 Transcription Available


Join us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss the path of debts throughout the bankruptcy process, with a focus on how they're treated once a bankruptcy is filed.If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
The Path of Bankruptcy Debts Pt. I: How Debts Are Treated Before a Bankruptcy is Filed

Modern Family Matters

Play Episode Listen Later Mar 29, 2024 17:17 Transcription Available


In this podcast episode, Bankruptcy Attorney, Darin Wisehart, explains the path of debts throughout the bankruptcy process, starting with how they're treated before a bankruptcy is filed.If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

The Consumer Finance Podcast
Garnishment Practices: Has the Dust Settled or Is It Still Flying?

The Consumer Finance Podcast

Play Episode Listen Later Jan 18, 2024 13:59


Please join Troutman Pepper Partner Chris Willis, along with colleagues Lori Sommerfield and Mary Zinsner, as they discuss the impact of a consent order issued by the Consumer Financial Protection Bureau (CFPB) in May 2022 relating to cross-border garnishment practices and the implications on the financial services industry over the last year and a half. Chris, Lori, and Mary emphasize the CFPB's expectations (which include the necessity of establishing a compliance program for garnishment processes and conducting 50-state surveys to better understand state garnishment laws), cross-border garnishment law issues, and the impact of the consent order on litigation. They also address how financial institution clients can comply with the CFPB's regulatory expectations regarding the processing of garnishment orders in the future.

Modern Family Matters
Who Do You Pay in a Chapter 13 Bankruptcy?

Modern Family Matters

Play Episode Listen Later Sep 20, 2023 17:32 Transcription Available


Join us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss who you pay in a chapter 13 bankruptcy, and the details of what to expect from the process. In this podcast interview, Darin covers the following:•    In a Chapter 13 bankruptcy, every month the debtor is required to make payments to secure property they want to keep. •    When you pay the trustee and when you pay the lender in a bankruptcy. •    Two aspects that determine payment: what you must pay and what you can pay.  •    What you must pay to secure items you want to keep like cars, furniture, etc.  •    What you can pay is generally based on your expenses and your income.  •    How we work together with you and the trustee to arrive at a reasonable payment. •    How a Chapter 13 bankruptcy allows debtors to regain control of their financial lives and to get a meaningful fresh start. If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.See less

Modern Family Matters
Timing Considerations When Filing a Bankruptcy with Property Concerns

Modern Family Matters

Play Episode Listen Later Aug 31, 2023 20:54 Transcription Available


Join us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss the best time to file a bankruptcy when it comes to your property. In this interview, Darin discusses strategies for the following situations:If you have a big tax refund coming.If you have an inheritance coming.If you have high-value property or nonexempt assets. If you have a home with a mortgage or car you're still paying on.If you want to sell property to spend on necessities.If you are about to get married or divorcedIf you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

The Logan Allec Show
IRS Wage Garnishment: How Much Can the IRS Take? What Should You Do?

The Logan Allec Show

Play Episode Listen Later Aug 16, 2023 10:54


Call 866-8000-TAX or visit https://choicetaxrelief.com/free-cons... to book your FREE tax relief consultation!An IRS wage garnishment is perhaps the most powerful collection tool in the hands of the federal government. In this episode, I explain how they work, how much they can take according to the IRS wage garnishment table, and what you should do if you find the IRS attacking your paycheck!⬇️ Free E-Book:- 7 Secrets About Your Tax Debt the IRS Doesn't Want You to Know: https://choicetaxrelief.ac-page.com/s...⬇️ Other Videos Mentioned:- How to Fight the IRS and Win:    • How to FIGHT THE IRS...And Win!  IRS ...  - IRS Tax Forgiveness Programs:    • Tax Debt Relief EXPLAINED: Here Are t...  - CNC Status Explained:    • Tax Debt Relief EXPLAINED: Here Are t...  - Offer in Compromise Explained:    • Offer in Compromise 2023: How to Qual...  - IRS Installment Agreements Explained:    • IRS Installment Agreements EXPLAINED ...  - All My Tax Relief Videos:    • TOP ALL-TIME TAX RELIEF VIDEOS  

Modern Family Matters
Filing a Bankruptcy Wisely When it Comes to Debts and Income

Modern Family Matters

Play Episode Listen Later Jun 12, 2023 17:22 Transcription Available


In this episode, we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss the best time to file a bankruptcy when it comes to your debts and income. In this interview, Darin discusses strategies for the following circumstances:•    You anticipate having new debts or if you have certain debts you want to pay•    Your creditors are threatening to file a lawsuit•    You have a judgement, wage garnishment filed against you.•    You have a child or spousal support enforcement case pending•    Your income is high and going down, or if it is low and going up.If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
What Happens if You Miss a Payment or Have a Change of Income During a Chapter 13 Bankruptcy?

Modern Family Matters

Play Episode Listen Later Apr 10, 2023 19:22 Transcription Available


Join us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss what will happen if you miss a payment, or have an income change, during a Chapter 13 bankruptcy. In this interview, Darin discusses the following:•    What Payments Are Required in a Chapter 13 Bankruptcy? •    What Is Paid to The Trustee in a Chapter 13 Bankruptcy and How Are They Calculated?  •    How Are Mortgage or Car Payments Made In a Bankruptcy, And What Happens If You Miss a Payment? •    What Happens If You Miss a Payment to the Trustee? •    Does The Amount You Have to Pay Change If Your Income Goes Down – Or Up? •    What Happens If You Can't Pay Because of a Lost Job? •    If a Chapter 13 Bankruptcy Gets Dismissed, Can You Ever File Again? •    …and much more!If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
What Is a 100% Bankruptcy Plan, and When Is It the Right Option for You?

Modern Family Matters

Play Episode Listen Later Feb 7, 2023 18:12 Transcription Available


Join us as we sit down with Bankruptcy Attorney, Darin Wisehart, to discuss the specifics of a 100% bankruptcy plan, and when it's an option worth considering. During this interview, Darin discusses the following:•    What A 100% Bankruptcy Plan Is And How It Works. •    Can A Debtor Sue You Or Garnish Your Wages In A 100% Plan?  •    Understanding The Benefits And Downsides Of A 100% Plan. •    How To Know If It's A Good Option For You. •    Some Alternatives To A Chapter 13 Plan. •    …and much more!If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

The Clay Edwards Show
MISSISSIPPI 100% TAX GARNISHMENT IS THEFT W/ LINDA MCCOY (Ep #430 / Hour #2) 01/17/22

The Clay Edwards Show

Play Episode Listen Later Jan 17, 2023 38:54


Ep #430 / Hour #2 Of The Clay Edwards Show On 103.9 WYAB  01/17/2023 1. MISSISSIPPI 100% TAX GARNISHMENT IS THEFT W/ LINDA MCCOY (Ep #430 / Hour #2) 01/17/22 Check out my website & all of my social channels by clicking my link tree at www.solo.to/clayedwards

PBPA Podcast
What to Do If Your Nonprofit Receives Employee Wage Garnishment Papers

PBPA Podcast

Play Episode Listen Later Dec 23, 2022 25:46


Your nonprofit has received notice from a government agency or court to garnish an employee's wages. Now what? Nonprofit employers may not always be clear on their responsibilities when they receive a garnishment order. In this episode of the PBPA Podcast, Elijah Davis with Stanton Law outlines why a nonprofit should immediately respond to garnishment papers, tips for the conversation with the garnished employee and guidance to make those garnishments papers less daunting.

Bankruptcy Attorney Talks
How soon will the garnishment STOP after filing bankruptcy?

Bankruptcy Attorney Talks

Play Episode Listen Later Dec 13, 2022 3:01


How soon will the garnishment STOP after filing bankruptcy? FREE Consultation: www.bkmeet.com Call: 866-862-4557 www.hollinsbankruptcy.com

Modern Family Matters
What Is The Bankruptcy Meeting of Creditors?

Modern Family Matters

Play Episode Listen Later Nov 30, 2022 17:18 Transcription Available


We sit down with Bankruptcy Attorney, Darin Wisehart, to discuss the bankruptcy meeting of creditors, including what it entails, why it's important, and how you can prepare. In this interview, Darin answers the following questions:•    What is the meeting of creditors, and why is it important? •    How long does the meeting normally take? •    Who runs the meeting of creditors? •    Will you have to answer questions under oath? •    How many creditors usually attend the meeting? •    What can you expect on the day, and how can you prepare?If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

UBC News World
This Stony Brook, NY Tax Resolution Firm Offers Help Preventing Wage Garnishment

UBC News World

Play Episode Listen Later Nov 24, 2022 3:11


Did you know that Americans spend over 6 billion hours doing taxes each year? The average person spends 13 hours completing their 1040. But if you're in hot water with the IRS, just call Long Island Tax Solutions (631-557-2181) today! Learn more at https://longislandtaxsolutions.com/about-us

Modern Family Matters
There's No Shame in Bankruptcy! Detangling the Stigma Around Filing for Bankruptcy

Modern Family Matters

Play Episode Listen Later Nov 16, 2022 28:09 Transcription Available


We sit down with Bankruptcy Attorney,  Darin Wisehart, to unravel the stereotypes around filing for bankruptcy, and the importance of viewing bankruptcy as an ethical and legal right, rather than a shameful last-resort. In this interview, Darin discusses:Bankruptcy is something that can happen to anybody.Understanding the stigmas around bankruptcy that can make people feel as if they are doing something immoral or unethical.The many situations beyond a person's control that can lead to bankruptcy. Bankruptcy isn't some sort of scam; it's lawful, ethical and moral. The bankruptcy system was put in place by Congress as a safety net to catch people who have fallen and need help getting back up.Bankruptcy is an important part of the economic system and exists for a reason; it's available for anyone who truly needs the relief.Why you SHOULDN'T feel ashamed about filing for bankruptcy.If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
Can You Keep Your Car After Filing For Bankruptcy?

Modern Family Matters

Play Episode Listen Later Sep 28, 2022 30:44 Transcription Available


We sit down with Attorney, Darin Wisehart, to talk through the various factors that will determine if you can keep your vehicle through the bankruptcy process. In this interview, Darin covers the following:How your car and other secured loans are handled in both Chapter 7 and Chapter 13 bankruptcy cases.Your options and how reaffirmation, surrender, and redemption work in a Chapter 7 bankruptcy.You may be able to keep your car by reaffirming the loan agreement – but is that choice right for you?Understanding why sometimes the best option is returning a vehicle with a car loan to the lender.What happens if you have cosigned on someone's auto loan and they file for bankruptcy.When your vehicle may be counted under an exemption that protects it from repossession. …and MUCH more!If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Straight With No Chaser Radio Podcast
Episode 38 - Adam Levine's cheating scandal commatorial, Tory lanez and August Alsina, Cardi B And Tasha K Garnishment, And More

Straight With No Chaser Radio Podcast

Play Episode Listen Later Sep 20, 2022 47:59


In this episode we're gonna talk about Adam Levine and allegations of cheating scandal. The situation with August Alsina android Lanez as far as their brawl is concerned allegedly. Cardi B requesting the judge to garnish Tasha Kay's bank accounts to get her money. How the STD rate is going up across the United States? How is higher than it's ever been in recent years? My thoughts on Nicki Minaj sewing a YouTube Blogger named Nosey Heaux for slander and deformation of character. And Nick Cannon and his football team AKA babies that he continues to have.

A Happier You Leads To A Healthier You
Episode 38 - Adam Levine's cheating scandal commatorial, Tory lanez and August Alsina, Cardi B And Tasha K Garnishment, And More

A Happier You Leads To A Healthier You

Play Episode Listen Later Sep 20, 2022 47:59


In this episode we're gonna talk about Adam Levine and allegations of cheating scandal. The situation with August Alsina android Lanez as far as their brawl is concerned allegedly. Cardi B requesting the judge to garnish Tasha Kay's bank accounts to get her money. How the STD rate is going up across the United States? How is higher than it's ever been in recent years? My thoughts on Nicki Minaj sewing a YouTube Blogger named Nosey Heaux for slander and deformation of character. And Nick Cannon and his football team AKA babies that he continues to have.

Consumer Finance Monitor
Takeaways for Banks from the CFPB's Recent Consent Order on Garnishment Orders

Consumer Finance Monitor

Play Episode Listen Later Jul 28, 2022 35:50


In a recent consent order with a national bank, the CFPB found that the bank committed UDAAP violations in its process for handling garnishment orders and by including certain waiver language in its deposit account agreements. We discuss the specific aspects of the bank's process that the CFPB found to be improper and what banks should consider when reviewing their own garnishment procedures in light of the consent order. We also look at what the consent order means for how banks can address liability concerns arising out of the handling of garnishment orders in deposit account agreements. Alan Kaplinsky, Ballard Spahr Senior Counsel, hosts the conversation, joined by Mike Gordon, a partner in the firm's Consumer Financial Services Group, and Jessica Simon, Of Counsel in the firm's Bankruptcy and Restructuring Group.

Modern Family Matters
Wiping the Slate Clean & Starting New: Your Most Pressing Bankruptcy Questions Answered

Modern Family Matters

Play Episode Listen Later Jul 5, 2022 30:14 Transcription Available


Join us for our Facebook Live as we sit down with Bankruptcy Attorney, Darin Wisehart, to answer your most pressing bankruptcy questions. In this interview, Darin answers the following questions:Do I Have To Be A Certain Age To File For Bankruptcy?Can Filing For Bankruptcy Stop Evictions, Foreclosures Or Repossessions?Can My Income, Assets or Debt Amounts Affect My Ability To File For Bankruptcy?Can A Bankruptcy Get Rid Of My Back Taxes and Student Loans?If I Have A Marijuana Business, Can I File For Bankruptcy?Will I Lose My Retirement Funds When I File For Bankruptcy?Will Filing For Bankruptcy Stop Collections Calls And Creditor Harassment?If I Have Cosigned On Someone's Loan And They File For Bankruptcy Am I Liable For Paying It?...and much more!If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200, or visit our website at https://www.landerholmlaw.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
Chapter 7 vs. Chapter 13: How to Decide Which Bankruptcy Option Is Best for You

Modern Family Matters

Play Episode Listen Later May 2, 2022 31:11 Transcription Available


Join us as we sit down with bankruptcy attorney, Darin Wisehart, to talk through the differences between a Chapter 7 and Chapter 13 bankruptcy, and how to decide which option is best for you. In this interview, Darin answers the following:•    How do I know which of these types of bankruptcies I may—or may not—qualify for? •    What are the benefits and consequences of filing a Chapter 7 or Chapter 13 Bankruptcy? •    What are the differences between a liquidation and a reorganization? •    When does a Chapter 7 or a Chapter 13 Bankruptcy let me keep my property?  •    Which should I consider if I own a home and want to keep it? •    Which should I file if I'm dealing with substantial unsecured debts like medical and credit card bills? •    What if I earn enough to cover an adjusted repayment of my debts? •    Which one costs more, a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy? •    Is there a difference about which debts go away and which I still have to pay?  •    If I'm getting divorced, which type is right for me? If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200, or visit our website at https://www.landerholmlaw.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
What Community Property Is & How It Impacts Family Law and Bankruptcy Cases

Modern Family Matters

Play Episode Listen Later Apr 19, 2022 35:28 Transcription Available


Join us as we sit down with Pacific Cascade Family Law attorney, Michael Reid, to talk about how community property plays a role in family law and bankruptcy cases. In this interview, Michael answers the following:•    What Does It Mean That Washington Is a Community Property State? •    What Is Community & Separate Property, and How Do They Differ? •    Can Separate Property Ever Become Community Property? •    Can Our Property Be Community Property If We're Not Married? •    How Are Community and Separate Property and Debts Divided in A Divorce? •    Will The Court Just Split Our Community Property 50/50? •    Do I Get All of My Separate Property Back After a Divorce? •    When Is Community Property Given to The Other Spouse in a Divorce Or Bankruptcy? •    What Happens If My Spouse Files a Bankruptcy in Washington? •    Does a Prenup Overrule Community Property Laws? •    What Happens When an Ex-Spouse Does Not Pay the Community Property Debts? •    How Do Community Property Laws Affect Filing for A Bankruptcy? If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200, or visit our website at https://www.landerholmlaw.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Modern Family Matters
Help! What Are My Options If My Wages Are Being Garnished?

Modern Family Matters

Play Episode Listen Later Apr 11, 2022 22:06 Transcription Available


Join us as we sit down with bankruptcy attorney, Darin Wisehart, to talk through the options available to those who are facing wage garnishments. In this interview, Darin answers the following:•    What is a garnishment, and when can it happen to you? •    If there is a judgment is against you, can all of your personal property, including your wages, be subject to garnishment? •    When can your wages be garnished? •    How much of your wages can be garnished? •    Can you stop a garnishment before It starts? •    What is exempt from garnishment? •    What types of income are exempt from wage garnishments? •    Does filing a bankruptcy stop a garnishment? If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200, or visit our website at https://www.landerholmlaw.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Kelly Bankruptcy Podcast
Borrowing to avoid bankruptcy

Kelly Bankruptcy Podcast

Play Episode Listen Later Mar 16, 2022 2:59


https://kellybankruptcy.com/wp-content/uploads/2022/03/borrowing-money-to-avoid-bankruptcy-by-jeff-kelly.png Borrowing to avoid bankruptcy clean no

Modern Family Matters
The Complex Relationship Between Bankruptcy and Divorce Cases, & Tactical Considerations When Filing for Both

Modern Family Matters

Play Episode Listen Later Feb 18, 2022 40:13 Transcription Available


Join us as we sit down with Pacific Cascade's Bankruptcy Attorney, Darin Wisehart, to discuss the relationship between bankruptcy and divorce cases, and important tips to keep in mind when filing to help ensure a smooth process on both fronts. In this episode, Darin discusses the following:•    The different types of bankruptcies and how they interact with a divorce case •    How creditors are impacted by dividing debts in a divorce •    How joint marital debts are treated in a bankruptcy case •    Should you file for bankruptcy before, during, or after a divorce? •    What happens when a bankrupt spouse still owes money to the other spouse as a part of the property division in divorce decree? •    Can property received in a divorce be subject to repossession if an ex-spouse files a bankruptcy?  •    ...and much more! If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200, or visit our website at https://www.landerholmlaw.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

Sued by the Debt Collector
Wage Garnishment - Stop the Sheriff from Going to Your Job - Episode 7

Sued by the Debt Collector

Play Episode Listen Later Jan 29, 2022 15:33


Debt Collectors can take up to 25% of your paycheck.  Dealing with the Sheriff is humiliating.    Understanding how to block the wage garnishments is your best chance. 

Modern Family Matters
Preparing for Child Support: Taking a Closer Look at Oregon's Child Support Guidelines & Calculations

Modern Family Matters

Play Episode Listen Later Oct 5, 2021 33:20 Transcription Available


Join us as our Lead Paralegal, Lisa Parsons, sits down to discuss frequently asked questions surrounding child support laws and calculations in Oregon. In this episode, Lisa and Steve answer the following:•    What is child support, and when can it be ordered? •    How is the amount of child support set? •    Can the amount of child support deviate from the guideline amount? •    How is support paid, and how long does it need to be paid? •    Who enforces a child support order? •    Can child support be modified? If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200 or visit our website at https://www.landerholmlaw.com/Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.

UBC News World
Information Released From Damiens Law Firm In IRS Wage Garnishment Guide

UBC News World

Play Episode Listen Later Aug 19, 2021 2:57


Damiens Law provides information designed to be used by business owners who have had their wages garnished and others in similar situations. The information is intended to minimize the level of stress that might result from comprehending this unfamiliar legal process.

Consumer Finance Monitor
Protection of Economic Impact Payments (EIPs) from Garnishment by Creditors: What are the Issues now Facing Financial Institutions?

Consumer Finance Monitor

Play Episode Listen Later May 20, 2021 32:31


With the U.S. Treasury Department now completing the process of issuing the third round of EIPs, financial institutions must navigate a maze of federal and state garnishment protections. After looking at the protection provided by the three federal pandemic relief laws, we discuss the actions states have taken to protect EIPs and offer our thoughts on the approach banks should take when responding to garnishment orders and analyzing the impact of state laws, executive orders, guidance, and directives. Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation joined by Lori Sommerfield, Of Counsel in the firm’s Consumer Financial Services Group.

Bankruptcy Attorney Talks
How To Use Chapter 7 Bankruptcy to Stop a Wage Garnishment

Bankruptcy Attorney Talks

Play Episode Listen Later May 19, 2021 9:01


How To Use Chapter 7 Bankruptcy to Stop a Wage Garnishment www.hollinsbankruptcy.com #bankruptcy #bankruptcyattorney #hollinsbankruptcy #wagegarnishment #nashvilleattorney #flintattorney #detroitattorney #clarksvilleattorney #columbiaattorney

The Business Lounge Podcast
Wage Garnishment In Iowa

The Business Lounge Podcast

Play Episode Listen Later Mar 23, 2021 7:02


Wage garnishment is the amount that creditors can take from your paychecks for the repayment of debt you owe. In Iowa, state and federal wage garnishment laws will apply to both you and the creditor. Iowa wage garnishment laws are more strict that federal wage garnishment law because they place a cap on the total sum certain creditors may garnish during a single year. Read the full article here: https://www.oflaherty-law.com/learn-about-law/wage-garnishment-in-iowa O'Flaherty Law now serves over 105 counties across Illinois, Iowa, and Indiana. If you have any questions regarding a case or would like to speak to one of our attorneys after listening to a #LearnAboutLaw podcast, give us a call at (630) 324-6666 or send us an email at info@oflaherty-law.com to get in contact with someone from our team. Subscribe to our channel for daily podcasts dedicated to all things law and leave a comment with any questions about this topic. Find us online for more legal content and to stay connected with our team - Website: https://www.oflaherty-law.com/ - LinkedIn: https://www.linkedin.com/company/oflahertylaw - Instagram: https://www.instagram.com/oflahertylaw - Facebook: https://www.facebook.com/oflahertylawGroup/ **None of the content in this series is intended as paid legal advice.

Kelly Bankruptcy Podcast
Patent Attorney Interview with JD Houvener

Kelly Bankruptcy Podcast

Play Episode Listen Later Feb 18, 2021 30:00


Kelly Bankruptcy Podcast
How will my filing bankruptcy affect my cosigner?

Kelly Bankruptcy Podcast

Play Episode Listen Later Feb 1, 2021 9:34


Transcript: Hello, this is Jeff Kelly. Today is January the 29th 2021. And in today’s podcast, I want to answer the question, how will filing bankruptcy affect your cosigner? The short answer is you filing bankruptcy will damage your co signers credit, how much damage? The answer is, you’re not going to know until after … How will my filing bankruptcy affect my cosigner? Read More »

Kelly Bankruptcy Podcast
Will Harper Introduction

Kelly Bankruptcy Podcast

Play Episode Listen Later Dec 23, 2020 27:14


clean no 00:27:14 Jeff

Kelly Bankruptcy Podcast
Radio Show #2 – Interview with Attorney David Blevins

Kelly Bankruptcy Podcast

Play Episode Listen Later Dec 1, 2020 30:00


Transcript: Intro Speaker: It’s time for Kelly can help hosted by Jeff Kelly, Attorney along with the law office of Jeffrey B. Kelly. And now here’s Jeff Kelly. Jeff Kelly: All right, got David lovebirds our show today. David, what I’d like to do is introduce you to my clients and my listeners. And if … Radio Show #2 – Interview with Attorney David Blevins Read More »

Kelly Bankruptcy Podcast
Radio Show #3 Interview with Attorney Lee Treadaway

Kelly Bankruptcy Podcast

Play Episode Listen Later Dec 1, 2020 26:53


Transcript: Intro Speaker: It’s time for KellyCanHelp hosted by Jeff Kelly, Attorney at Law with the Law office of Jeffrey B. Kelly. And now here’s Jeff Kelly. Jeff Kelly: Go Alright, ladies and gentlemen, we’ve got a fun guest today on the radio show. Lee Treadaway, somebody I used to work with many many many … Radio Show #3 Interview with Attorney Lee Treadaway Read More »

Kelly Bankruptcy Podcast
Radio Show #1 : Interview with Patrick Matson

Kelly Bankruptcy Podcast

Play Episode Listen Later Nov 2, 2020


Welcome to the first radio show with Jeff Kelly featuring guest Patrick Matson. Today we debunk the fears surrounding bankruptcy and ensuring that your bankruptcy experience is one that goes smoothly.

Kelly Bankruptcy Podcast
Bankruptcy is not as scary as you might think

Kelly Bankruptcy Podcast

Play Episode Listen Later Oct 15, 2020


Hello, this is Jeff Kelly. Today is October the 15th 2020. And today we're going to talk about how Filing bankruptcy is not scary. A few weeks ago, I was at a large local hardware store and I watched a young father and his three year old son walked into the store. I was in the lightbulb section, and they walked right up next to me. The Father, let go of his son's hand, and the son slowly started to walk away now, I'm 50 years old, and I've helped raise five kids. And I've developed some kind of sixth sense where I can detect when a drama episode is about to erupt from a child. Three year old slowly walked away from the Father towards a group of Halloween decorative, which is for sale. And one of the witches had a lifelike size and a button beside it that said, press here. I bet you can guess what happens next. After the curious little boy press the button, which came to life and lent out some terrifying warnings along with some Halloween sound effects. As you can guess the little boys, a little boy belted out some shrill screams. And he was shaking with tears. His good father rush to his side and comfort him. Everything's gonna be okay, so the good father there which is not real, she can't hurt you. You're safe in my arms. And much the same way. Many people are as terrified of bankruptcy as that sweet little boy was of the fake which, in my 22 years as a consumer bankruptcy attorney, I've seen some people do some crazy things to try to avoid the inevitable bankruptcy. Personally, I think the worst thing a person can do is drain the 401k retirement account. To make payments on credit card debt until the funds run out. Your 401 k is a protected asset. You get to keep all of it when you file chapter 7 and 99.99% of the cases. It's frustrating to see people fruitlessly lose their retirement funds in an effort to avoid a clearly inevitable bankruptcy. Another common bad move to avoid bankruptcy is to pawn the title of a car. When you miss your payments of a title upon the title of your vehicle transfers automatically under Georgia law. And as a consequence of this automatic transfer, Chapter 13 is not going to save you from the clutches of a title pawn creditor. I want to talk a little bit now about more about this this fear of bankruptcy. My my friend Richard James has a saying that goes like this fear equals false evidence appearing real. And so what I want to address now are the most common fears about bankruptcy that are not real. The most common fear is that lawyers are scary and not easy to talk with. And this is certainly not true about myself, or the bankruptcy attorneys at my law firm. Check out our reviews on Google. And you'll see this is true. We also have some testimonials as well on our YouTube channel. We understand we're on your side. Another common fear is that you will never be able to get credit again after you file bankruptcy. Yes, chapter 7 bankruptcy will stay on your credit for 10 years. And Chapter 13 will stay on your credit for seven years. B

Kelly Bankruptcy Podcast
Bankruptcy and Bouncing back from Covid-19

Kelly Bankruptcy Podcast

Play Episode Listen Later Sep 16, 2020


Hello, this is Jeff Kelly and Today is September the 16th 2020. And today we're going to be talking about using bankruptcy to bounce back from COVID-19. Do you remember where you were when you first realized that COVID-19 was going to alter the course of your entire life? I remember the restaurant. I remember the smells. I remember the family members that were sitting with me. March 2020, was the absolute strangest month of my entire life. How do you really prepare for a national shutdown? Do you remember the empty shelves at the grocery store? I do. The past six months have seemed like such a strange, bad dream. Well, what do we do now? Lay down and give up? Well, you can't. There's people depending on you. We've got to move forward. And for many people in this country, bankruptcy is going to be a good tool to help bounce back. COVID-19 has caused massive amounts of unemployment. After it hit, over 40 million people in this country lost their job due to the shutdowns. Well, the stimulus money certainly helped. Lots of people still missed many months of mortgage payments and car payments. But the good news is that chapter 13 can help people catch up on the past due payments. Chapter 13 stops a foreclosure of your home. Chapter 13 stops the repossession of your car. This past week, NBC reported that the unemployment rate has fallen back into the single digits. For the first time since the pandemic began and that over 1.4 million jobs were added to the economy last month. Things seem to be heading in the right direction. The March 2020 shutdowns stopped almost all collection activity in Georgia. And that has now ended. Georgia courts were shut down due to the pandemic. But in mid-September, they've almost fully reopened and I suspect there's about to be a huge deluge, a giant wave of garnishment orders coming down the pipe. Unfortunately, most people are going to wait until the last segment to do anything about a garnishment. Georgia garnishment law is brutal. Once a creditor obtains a judgment against you, they can take 25% of your net paycheck. The good news is that chapter 13 can stop the garnishment as soon as we get a bankruptcy case number. So I want to go over just like a you know, short example of how chapter 13 can help a family back back bounce back from COVID-19. So I want to tell the story about a young couple that I recently spoke with. To protect their privacy, I'm going to change around some of the facts. This young couple has three children and before COVID-19 hit. They both worked full time jobs after the pandemic, their local daycare completely shut down. In addition, their local elementary school also closed and moved everything online. Does this story sound familiar? With no one to watch the kids, they decided that in their particular situation, it would be best for the wife to quit her job because the husband was earning more. Then a year ago. Before all this stuff began. They both realized that the minimum credit card payments they were making were slowly slipping out of their reach into their misfortune. They heard about a debt settlement commercial on the radio that promised the moon and the sun. They call the phone number they set up a payment plan and they assumed all as well until the sheriff showed up. A few weeks ago, to their horror and dismay, the l

Kelly Bankruptcy Podcast
Student loans should be dischargeable in bankruptcy.

Kelly Bankruptcy Podcast

Play Episode Listen Later Aug 31, 2020


Hello, this is Jeff Kelly and Today is August 31, 2020. Today's title of what I'm going to talk about is why should student loans be dischargeable in bankruptcy? I believe that it is way past time to end the economic slavery that millions of college graduates across our country suffer and make student loans dischargeable in bankruptcy just like they were back in the 90s. Can you imagine the nightmare of living with a $200,000 debt that just hangs over your head increases with interest every single year? For many Americans this nightmare is their daily reality. Want to finance a house? Forget it. Want to finance a car? Forget it. How about getting a loan to start a new business? Forget it. When a dark cloud of student loan debt hangs over your head moving forward is economically impossible. Now, prior to 1976, student loans could be discharged just like any other debt. And over the years, restrictions were added. The first restriction was you had to wait five years after graduating before you could discharge student loans. Then the goal line got changed to seven years and then in 1998, the hammer was completely put down. Student Loans could virtually no longer be dischargeable in bankruptcy. As a result, if you want to go find a good summary on the internet about the history of student loans and bankruptcy, you can go to savingforcollege.com backslash article backslash history of student loans bankruptcy discharge the consequences of making student loans non-dischargeable in bankruptcy. Since 1998, the cost the cost of a college education has more than doubled in real dollar terms. Think about that doubled. When I went to college, the vast majority of college housing was extremely Spartan, shall we say? Today, most college dorms look similar to a resort, so that colleges can attract students lower them into huge amounts of federally backed debt and make millions. Most colleges now have bloated bureaucracies due to the lack of real market forces. The connection between the true economic value of a college education has been disconnected from the value that said education will produce because of the restrictions on dischargeability in bankruptcy. Many people have been sold on the idea you cannot have a successful life unless you have a college degree. It's becoming increasingly it's becoming an increasingly popular choice for many young adults to forego college completely because of the high risk that they will never be able to repay the loans. As a result, someone who should go to college may never develop their full potential because of this artificially inflated price. Currently, the federal government keeps footing the bill for unpaid student loans, colleges get their money from the federal government whether or not a student loan a student ever repays them. Where's the incentive to keep costs down and connected to the reality of whether or not the loan will ever be repaid? Now my argument for bankruptcy. Many famous people in US history have filed bankruptcy and gone on to do great things for the world. Henry Ford's first automobile company did not make it. Can you imagine a world without Henry Ford? Thank goodness he was able to file bankruptcy, recover and get a fresh start. What about Walt Disney? Can

Kelly Bankruptcy Podcast
Am I liable for the medical bills of my spouse?

Kelly Bankruptcy Podcast

Play Episode Listen Later Aug 13, 2020


Hello, this is Jeff Kelly and Today is August the 13th 2020. And today I want to talk about, are you legally liable for your spouse's medical bills just by virtue of the fact that you're married? And in Georgia as a general rule, the answer to this question is no. Now, this question usually arises when one spouse has suffered an extreme trauma traumatic event, like COVID-19, Corona hospitalization, cancer, diabetes, heart attack, or some other health catastrophe that forces a person to accumulate a large amount of medical debt. Earlier this year, I met with an elderly lady who for purposes of this illustration, we're going to call her Marjorie Okay, now Marjorie, was about five feet tall, about 95 pounds, married to the same husband for over like 40 years. Supersweet lady worked so hard. And at one point in her life, she had probably at least $300,000 saved up in her 401k when her husband passed away, he had an insurance policy. But what neither one of them ever anticipated, was just the exorbitant through the roof cost of medical treatment. And he had a huge, long battle with cancer and ended up leaving behind this overwhelming mountain of debt. Now what did the sweet lady do? She did honestly what most people do, and she made payments for years and years, until there was no more money left from the 401k and no more money from the life insurance proceeds. This is tragic and horrible on so many levels. Because all of that life insurance and all of that 401k money should have been protected from her husband's medical bills, she was not legally obligated to make those payments. We see this happen a lot and so don't feel bad if it's you because you're just like everybody else if if you've done this, but, you know, most people delay talking to a bankruptcy attorney until like way after they need to, which is, you know, again, double ironic and tragic because we offer a free consultation, it doesn't cost anything to come talk to us if at any point. I've been practicing consumer bankruptcy for over 22 years And believe me, I have seen it all. You know, again, you would not believe how many people will needlessly spend their way into bankruptcy trying to pay somebody else's bills that they're not legally liable for. So what should a person do? What in the perfect world you lose your spouse, somebody you love your, your your other half? What a terrible traumatic event to go through. And as a consequence of the emotional toll, it's also the absolute worst time to make major financial decisions. So step one, I think everybody should meet with a wills and estates attorney. And, you know, I don't practice in this area, but I know many great attorneys around here who do and I am happy to help you find one give me a call 7708818449. I'll help you if you're in the situation. And the purpose of meeting with an estate attorney is to determine you know whether or not the estate needs to be probated, are there any assets that do need to be used to pay any leftover medical bills. Is there an estate at all? Very important to get those quest

Kelly Bankruptcy Podcast
File Bankruptcy without leaving your home

Kelly Bankruptcy Podcast

Play Episode Listen Later Aug 3, 2020


Transcript: Hello, this is bankruptcy attorney Jeff Kelly Today is August 3, 2020. And today I'm going to be talking about how you can currently file bankruptcy without ever leaving your home. One of the few good things that has come out as a result of the covid-19 pandemic is that you can now file bankruptcy without ever leaving your house. You can even attend your court hearing via telephone now from the comfort and safety of your home. Before COVID-19 hit, you had to physically appear in one of our offices, and a bankruptcy attorney had to see you physically sign the documents. And for many people who have to juggle busy work schedules and family schedules, it was difficult at times to physically get into the office. Traffic delays used to wreak havoc on some of our sign appointments. Now because of the shelter in place concerns, the bankruptcy court allows us to file your case without you ever having to come to one of our offices. Here's how the process works. Step one, we conduct your free initial consultation with you by phone. During this conference, we want to review all of your debts, lawsuits, assets, income and expenses with you. Our goal is to get a feel for your entire situation. At the end of this free consultation, we will clearly explain to you why chapter 13 or chapter 7 bankruptcy is or is not a good option for you. Unlike many other bankruptcy law firms, you will be able to talk directly to an experienced bankruptcy attorney who will closely analyze the specific facts of your case. In addition, we will answer all of your questions. If you decide to move forward with either chapter 13 or chapter 7 bankruptcy. We will need you to give us your social security number and your birthdate so that we can pull your credit card for processing your bankruptcy petition. If you have received any lawsuits or other bills that you'd like for us to include in your case, you can take a picture of the documents and email them to us. If you have access to a scanner, that's even better, it might be a lot easier for you to send them to us that way. Step two, the sign appointment during this appointment, which will take about two hours on average, we will do a screen share with you so that you can go through each page of the bankruptcy petition to make sure it's absolutely perfect. We currently use zoom to make this happen. We will also when we're finished use a program called DocuSign so that you can electronically sign the court required signature pages. We can file your chapter 13 or chapter 7 bankruptcy case shortly after your sign appointment, so your court protection will begin immediately. We will mail you a hard copy of the bankruptcy petition after your case is filed, then we will need you to sign it with a pin and mail the documents back to us. Until October 2020, all bankruptcy court hearings will be conducted virtually over the telephone. And this is great news because this means you can currently attend your court hearing without leaving your house without having to risk any COVID-19

Kelly Bankruptcy Podcast
5 Questions You Must Ask Before Hiring A Bankruptcy Attorney

Kelly Bankruptcy Podcast

Play Episode Listen Later Jul 23, 2020


Transcript: Hello, this is Jeff Kelly and Today is July 23 2020. Today we are going to talk about the five most important questions that you should ask before you decide to hire a bankruptcy attorney. There are some important questions that every consumer should ask before hiring a bankruptcy attorney. Hiring the right attorney will ensure that you get the best Fresh Start possible after completing your case. And after being a senior bankruptcy attorney in Georgia for over 22 years, I think I can offer some advice on this topic. First of all, you must ask How many years has this attorney practice consumer bankruptcy law. Of course, the longer the time the more training and experience he will have 10 years or more gives you a good probability that he'll have specific legal knowledge to use in getting you the best outcome for your case. This specific knowledge not only relates to knowing the laws but also knowing the other lawyers judges and how they operate and being able to figure out the best strategy for your case. Secondly, you must ask, does this attorney limit her practice to consumer bankruptcy law? Do you want your attorneys caseload to include legitimising child, criminal law, handling divorces, child custody, real estate, firearms, reading wills and estates, probating estates and throwing for good measure consumer bankruptcy? I think not. Obviously, you would rather be represented by an attorney who limits his or her practice to consumer bankruptcy. Third, you must ask, how many bankruptcies has he handled? Obviously, you would rather have someone who has tried, has has filed a lot of cases ideally 500 or more. An attorney with that level of experience is gonna be much better at things such as figuring out liquidation issues in your case, you know, do you risk losing your house? Do you risk losing your car? You know, are there other assets? basically keeping keeping you out of hot water. And you certainly don't want to get someone who just graduated from law school, that's a disaster waiting to happen. Something else you want to know is after after reviewing your case, can he or she give you specific issues on the fine details of your bankruptcy case? Like are you going to lose your house? How much is your payment going to be and how is this payment calculated? Last but not least, you must ask. Will he give you will he explained to you in detail the costs that are involved all of the transaction costs and after an attorney does a thorough job of determining what type of work is needed in your case, if he's experienced, he should be able to get you these details. Okay, so you're probably wondering what my answers would be to the above questions and I will lay it out for you. As I mentioned, I have over 20 years of experience in bankruptcy in Georgia. In other words, I've been around the block a few times. Your case would not be my first rodeo. Before I opened my practice in 2005, I worked a few years for some l

Kelly Bankruptcy Podcast
What is strict compliance in a Chapter 13 bankruptcy case?

Kelly Bankruptcy Podcast

Play Episode Listen Later Jul 9, 2020


Transcript: Hello! this is Jeff Kelly, today is July the ninth 2020 and today we are going to talk about what is strict compliance in a chapter 13 bankruptcy case. Strict compliance in a chapter 13 bankruptcy is when your case has been placed on a period where if you miss a single chapter 13 payment your case is automatically dismissed without a hearing. Dismiss without a hearing is a bad thing because you have no time to prepare. The second your case is dismissed, the creditors are free to legally take action against you as soon as the law is as soon as the law allows. So how fast do you think a car creditor is going to come after your car and try to repossess it after your case is dismissed? Answer, as fast as they humanly can contrast a chapter 13 on strict compliance versus a case where strict compliance does not exist. Normally When a chapter 13 debtor falls behind on payments to the trustee, the hearing is set down with the bankruptcy court which gives them time to come up with the plan to make up for missed payments or in the alternative if you know your bankruptcy case is about to dismiss you could make plans for alternative transportation, when you know your car is about to get repossessed. In contrast, if a case is is on strict compliance, or chapter 13 case will be dismissed shortly after a payment is missed. All bankruptcy protection is lost as soon as the dismissal order is entered. Thank you, Lord, we do have gracious chapter 13 trustees. So during this COVID-19 crisis, the chapter 13 trustees have been extremely gracious by not enforcing strict compliance orders. But now that we are months into the crisis and people are back to work, most trustees have resumed enforcing strict compliance orders. So how does someone end up on strict compliance to begin with? Well, in some cases, the debtors attorney might agree with a trustee for a requested period of strict compliance. For example, most chapter 13 cases have what's called an employment deduction order. That's where they're going to take, you know, the chapter 13 payment directly out of your paycheck every single time you get paid. So your whatever your monthly payment is, it gets prorated. You know, like if you get paid weekly, then it would be divided by four and so forth. So, some people do not want a an employment deduction in order at any cost. And because maybe they're, you know, give an example. Maybe they're a supervisor and they're worried. This is going to hurt their chances for promotion. So a trustee might say, okay, fine, you can pay it directly to me every month, on the condition that you agree to one year strict compliance for the first year of the case. This way that you know saves the trustee a lot of trouble if you don't make your payment, they can just boom automatically dismiss it without having to set it down for a hearing. So another situation where strict compliance could be added to a chapter 13 bankruptcy case is after a motion to dismiss has been filed. In some cases, you know, people miss work for extended periods, maybe it's because of surgery, maybe, you know, the plant shut down for a short time, whatever. Your payment

Kelly Bankruptcy Podcast
How to fight a creditor lawsuit

Kelly Bankruptcy Podcast

Play Episode Listen Later Jun 29, 2020


Transcript: Hello! this is Jeff Kelly, and in this podcast today I'm going to talk a little bit about How to fight a creditor lawsuit. So, In Georgia, consumers have the right to fight back against creditor lawsuits. In my experience, the people who I have seen have the most successful outcomes are victims of identity theft. Before I get into it, I wanna go something real quick. A lot of people will call me and say “Why in the world am I getting a letter from you just because I'm being sued?” Well, the answer is. I am a bankruptcy attorney and in my law practice, we send out a ton of direct mail advertisements to people who are getting sued. Often times, our letters will get to people before the sheriff will serve the lawsuit, particularly during this corona time. A lot of sheriff officers are being delayed for obvious reasons and our letter gets there first. So people understandably wanna know when they're gonna get the information. Usually is about a week or two after our letter hits, but the sheriff is coming he will serve you with a complaint. And it's very important to make note of the date you are served of the complaint because you have 30 days to respond to it. If you don't respond, you're gonna end up with a default judgment against you and that is very very bad because you could lose a lot of important rights. So, what you do if you've got a creditor lawsuit against you and you want to fight it? Well, if we're talking about a significant amount of money you really need to hire an attorney. I mean it's kind of crazy to walk into a court of law if you don't know what you're doing. But I do understand if it is a small amount of money there are some cases where the amount of money that's state at stake might be less than what you would pay an attorney. So, I get it. In Georgia, you have the right to represent yourself without an attorney. I don't recommend this but I get it. So, you wanna make sure that you respond to the lawsuit within 30 days of you being served. You can go on Google and you can type in “How do I respond to a creditor lawsuit?”. Usually, a small amount are going to be in magistrate court, “How do I respond to magistrate court lawsuit?”. The form is not super complicated, you can possibly do it all in one page. You wanna style the top part just like the complaint that you've been served, You're going to want to, you know, right at the top answer that this is your answer to the complaint. If you're a victim of identity theft, you're probably going to want to say something along the lines of “I am not liable for the debt as alleged in the complaint, I've never had a contract with the defendant. Ever! I'd like to have a hearing before the judge”. Something that simple should be enough to get you a hearing. Now, if you do get a hearing before the judge, you're gonna get notified by mail. And you better show up at the hearing date. Because if you don't, you know, judges are very powerful people if they wanted to, and I doubt they would do this very often, but

Consumer Finance Monitor
CARES Act Economic Impact Payments for Individuals and Payment Protection Program Loans for Small Businesses: Are They Subject to Garnishment or Setoff?

Consumer Finance Monitor

Play Episode Listen Later May 21, 2020 34:31


We look at the impact of federal and state law including relevant CARES Act provisions, state garnishment directives, and federal preemption, identify issues banks should consider in handling garnishments or exercising setoff rights, and offer suggestions for mitigation measures banks can take as they decide how to address the challenges in this area.

Born Again Credit Restoration
Charge-offs and Repossessions

Born Again Credit Restoration

Play Episode Listen Later Oct 10, 2019 24:32


What charge-offs and repossessions are. What to do when you have issues with charge-offs and repossessions on your credit report.

Me against..........
0027 Garnishment hearing and auto pot issues.

Me against..........

Play Episode Listen Later Sep 13, 2019 53:14


Life sucks. Not always but eventually it will. It’s up to you to not let it affect you and your surroundings.

The Workplace: a Podcast by CalChamber
Episode 28: Garnishment of Wages

The Workplace: a Podcast by CalChamber

Play Episode Listen Later Sep 10, 2019 12:47


In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employment law expert Jennifer Shaw to discuss what responsibilities employers have when served with a wage garnishment order for an employee.

Crushing Debt Podcast
Evicting Mom - Episode 181

Crushing Debt Podcast

Play Episode Listen Later Aug 29, 2019 22:47


In this week’s episode of The Crushing Debt Podcast, I’m joined again by our associate attorney Lauryn as we discuss a few different topics, including a few listener questions. What is a TRIM Notice? Lauryn’s first hearing (solo) as an associate attorney How we helped two different clients eliminate garnishments How we scared off a creditor with one letter Listener Question - how a lien can be removed from property. Listener Question - how to evict mom (written lease expired, tenant refuses to leave, and has done damage to the property). What questions do you have that we can answer around debt, foreclosure, landlord / tenant questions, property taxes, IRS debt, bankruptcy, or garnishment? Please contact us at www.YesnerLaw.com, me at Shawn@YesnerLaw.com or Lauryn at Lauryn@YesnerLaw.com.  

MCJC JPT
2015 Garnishment for Judges

MCJC JPT

Play Episode Listen Later May 23, 2019 137:42


7-8-15 Mary Blanco Danny Arreola Charles Adornetto

The Shenopsis
Episode 61 - Garnishment Season

The Shenopsis

Play Episode Listen Later Feb 4, 2019 95:13


This week we discussed our Black History Month playlist we made on Apple Music and Spotify, Corey Booker announcing his candidacy, This week is racism: VA Gov's past problematic photos resurfaced, the new Netflix doc Abducted in Plain Sight and so much more.

Epic Real Estate Investing
How to Remove an IRS Levy or Garnishment | 503

Epic Real Estate Investing

Play Episode Listen Later Oct 22, 2018 6:41


Learn what Uncle Sam doesn't want you to know and remove an IRS levy! Find out why you should write that big check to Uncle Sam right now, how to remove an IRS levy and get the money back, and why you should have a tax advocate when ceasing a levy. 

People Processes
People Processes Q&A: FMLA part time, Pet Bereavement, and Garnishments

People Processes

Play Episode Listen Later May 23, 2018 8:22


How should intermittent FMLA leave be calculated when an employee moves from full- to part-time status? Issue: Six months ago, one of your full-time employees (working 40 hours per week) was granted intermittent leave under the Family and Medical Leave Act (FMLA). He has taken three weeks (or 120 hours) of leave. Last month, he transferred to a part-time position, working 20 hours per week, and he continues to need FMLA leave. How should you calculate the intermittent leave? Should it be based on his former full-time hours or his current part-time hours? Answer: Under the FMLA regulations, if an employer has made a permanent or long-term change in the employee’s schedule (for reasons other than the FMLA and prior to the notice of need of FMLA leave), the hours worked under the new schedule are to be used for making this calculation. In this situation, the employee has nine weeks of FMLA leave remaining in his FMLA year. Going forward, you should use his part-time schedule to calculate any intermittent FMLA leave. Thus, he would have 180 hours of FMLA leave remaining for the year. Keep in mind that the U.S. Department of Labor requires FMLA leave to be calculated in workweeks. For instance, if an employee is scheduled for 20 hours per week and takes intermittent leave for a total of 10 hours that week, he has used one-half of a workweek for FMLA purposes. Generally speaking, employers should look at the hours scheduled for the employee for that particular week and determine the FMLA usage accordingly. Source: 29 CFR §825.205(b)(2). FMLA leave generally not available following pet’s death Q Earlier this year, one of our employees wanted to take Family and Medical Leave Act (FMLA) leave because he was suffering from insomnia and emotional distress after the passing of his beloved pet. Is this allowed under the FMLA rules? A Insomnia caused by emotional distress over the passing of a pet is not considered a serious health condition under the FMLA, at least according to the U.S. District Court of Eastern Wisconsin in a decision handed down in late 2017. In the case, the employee requested a vacation day for his next scheduled shift because he was upset about having to put his dog of 13 years to sleep. The employer approved this request for leave. The next day, the employee called his supervisor again and allegedly explained that he had not slept since the loss of his dog and would not be able to work the next day. This day off was documented as an unexcused absence. Even though the employee did seek treatment for his condition and was diagnosed with “situational insomnia,” the absence remained unexcused. Over the next several months, the employee accumulated several other unexcused absences that resulted in his termination. He filed suit against his employer, alleging interference of his FMLA rights. In granting summary judgment in favor of the employer, the district court rejected the employee’s claim that his employer interfered with his rights under the FMLA. The court held that while inability to sleep caused by the passing of a pet could arguably constitute a “serious health condition,” the employee in this case failed to show that his condition qualified under the FMLA. SOURCE: Buck v. Mercury Marine Corp., (E.D. Wis.), No. 16-cv-1013-pp, December 22, 2017. Garnishment of Lump-Sum Payments Q We have garnishment orders on file for a few employees, do we have to garnish their wages in the case of bonuses, or other lump sum payments?  Or just their regular pay? Garnishment of lump-sum payments. The  third letter (https://www.dol.gov/whd/opinion/CCPA/2018/2018_04_12_1NA_CPPA.pdf)  on a recent DOL release addresses the question of whether certain lump-sum payments from employers to employees are considered earnings for the purpose of garnishment under Title III of the Consumer Credit Protection Act (CCPA). The opinion letter states that in assessing whether certain...

Tax Resolutions Podcast with Tom Scott
What Is Wage Garnishment and How Could It Impact You?

Tax Resolutions Podcast with Tom Scott

Play Episode Listen Later Mar 1, 2018


What are tax liens and levies? I’m going into detail about both today.Click here for a FREE tax relief consultationCheck out our FREE tax resource libraryIf you don’t pay your debts, the IRS can use wage garnishment to take most of your paycheck away. Ignoring your taxes can lead to the IRS collecting them instead. A wage garnishment or levy will only occur after you have received many notices and had many opportunities to handle your taxes on your own accord. If a wage garnishment does proceed, the IRS will decide how much to take. This could be up to 75% of your entire check, leaving you nowhere near enough money if you live paycheck to paycheck like most Americans.Ignoring your taxes can lead to the IRS collecting them instead.However, there are ways to negotiate with the IRS to avoid a wage garnishment. Tax professionals can help put forward an installment plan or settlement offer. As professionals, we can take into account your living costs to keep your payments to the IRS under control and within your budget. Our team gives you a voice in what you can pay the IRS. We can get wage garnishments removed or greatly reduced. So, if you have tax problems, you must protect yourself by hiring a professional. If you have any other questions, would like more information, or would like to have a consultation at no charge, feel free to give me a call or send me an email. I look forward to hearing from you soon.

Crushing Debt Podcast
Episode 71 - Listener Questions Answered

Crushing Debt Podcast

Play Episode Listen Later Jul 20, 2017 12:07


In this week's episode of the Crushing Debt Podcast, I answer more listener questions, like: 1. Can you finance a car while in a Chapter 13 bankruptcy? 2. Can a landlord garnish wages? 3. Does it pay to fight a lawsuit against me seeking $1,200? 4. Is a homeowner entitled to surplus funds following a foreclosure sale? 5. Can sellers change their mind about selling their property? Thank you for supporting the podcast by sending in some great questions.  We hope you enjoy the content and please keep the questions coming.  If you have questions related to any of the above questions that I answered, please reach out at shawn@yesnerlaw.com, or www.yesnerlaw.com.  

The NP Dude
Episode 023 – Billing Under Your NPI and Even More Contract Termination!

The NP Dude

Play Episode Listen Later Mar 1, 2017 25:14


Today I respond to an awesome question about your office billing your services under another APRNs NPI and what I suggest you do about it.  I also get into more of that gooey, nasty fun of contract termination and whether your employer can garnish your wages if you terminate the contract.  As always, thank you guys for the […] The post Episode 023 – Billing Under Your NPI and Even More Contract Termination! first appeared on The NP Dude.

The NP Dude
Episode 018 – Patient Abandonment, More Contract Termination, and NPI Number Tracking!

The NP Dude

Play Episode Listen Later Feb 24, 2017 19:52


I am liking the format for the hodgepodge shows and I have another good one for you.  Today I tackle the myth of “Patient Abandonment” and hopefully put it to bed for good!  Apparently us nurses are somewhat dysfunctional because I have more to discuss about contract termination and I give a little more about whether an […] The post Episode 018 – Patient Abandonment, More Contract Termination, and NPI Number Tracking! first appeared on The NP Dude.

Family Law Talk with Stange Law Firm, PC
Not paying child support by cash

Family Law Talk with Stange Law Firm, PC

Play Episode Listen Later Feb 17, 2017 12:00


Many individuals have child support orders entered against them.  Versus paying through the state or by check where it can be documented, some may pay child support by cash (or gifts even).  This episode talks about the risks inherent in paying child support by cash.  You can read more on this topic in our article on Family Law Headquarters titled: Do not pay child support by cash.  You can also find out more about child support lawyers online or by calling 1-855-805-0595. 

SmallBiz Brainiac
39: Garnishment Administration

SmallBiz Brainiac

Play Episode Listen Later Jun 14, 2016 9:54


You can be held liable for 100% of your employee’s debt if you don’t administer your garnishments properly. One of the least enjoyable parts of being an employer is when you have to get involved in your employee’s personal financial affairs. How? By having to withhold money from their paycheck and send it to a…

Single Simulcast
Episode 180: Lime & Garnishment - Single Simulcast

Single Simulcast

Play Episode Listen Later Apr 19, 2015 138:02


In this episode, I discuss walking off an injury, a mom who went to the wrong party, an apology with a heap of privilege, two fathers denied, Gwyneth and the lime, and more. Enjoy. Twitter: @SingleSimulcast, @Rashanii, @TheDr3amTeam, @SinandSolace Voicemail: 916-572-9016 Email: SingleSimulcast@Gmail.com Music: Me Against The World - 2pac It's Goin Down Tonight - Celly Cel Only In America - Action Bronson Sideways - E-40 Bad Boyz - Shyne ft Barrington Levy Could You Be Loved - Bob Marley Touch - Omarion In Sickness & Wealth - Reek Dawg tha Hogg Foolish Pride - Eminem

Money Plan SOS
Real Life Case Study with Kelly Brantley

Money Plan SOS

Play Episode Listen Later Jun 21, 2011 47:56


#21: In this Real Life Case Study episode we talk about a couple who have $57,000 in credit card debt and $23,000 in student loan debt. They bring home $4,500 a month but are behind with 8 of the 13 cards and are beginning to worry about being sued. It is a scary time for them and they didn't have a MoneyPlan. Our guest coach is Kelly Brantley from Financial Freedom Counseling Service in Ruston, LA. She is a Dave Ramsey Certified Counselor who has been helping individuals, couples, churches, and businesses with their personal finance challenges for over 3 years. You can find more about her at www.DebtFreeWithKelly.com For more information, visit the show notes at  

Payroll & HR for Small Business HCSCanDo
Wage Garnishment Liability for Small Business Owners

Payroll & HR for Small Business HCSCanDo

Play Episode Listen Later Jan 28, 2010 3:28


Episode #4 - Putting checks & balances in place to prevent gaining wage garnishment liability. Arizona small business owners should be aware of the liability they face when an employee's wages get garnished--don't ignore those court orders!