My close friend and colleague Barbara Barron passed away in her sleep on Wednesday August 3, 2021. I first met her on a case in 1988. I got to know her well from bar activities around 2000, and then when I joined Barron & Newburger, P.C. in 2003. Here is a look at her life and some of her most notable achievements. Legal Career In 1974, Barbara was working as a young MBA for Texas Instruments in Dallas. When her mentor left the company, she realized that she qualified for in-state tuition at the University of Texas School of Law. Tuition was absurdly cheap back then, perhaps $500.00 per year. After graduation, she went to work for the Texas Attorney General’s office.  At the AG’s office, she had many appearances before the Fifth Circuit Court of Appeals representing the state in habeas corpus proceedings. Some of these included Harryman v. Estelle, 616 F.2d 870 (5th Cir. 1980) and Blasingame v. Estelle,  604 F.2d 893 (5thCir. 1979).  She also represented state agencies such as the Comptroller of Public Accounts, who would become creditors in her later bankruptcy career. In the early 1980s, she entered private practice and formed her own firm. Women were not fully accepted into the legal profession at this time, so her decision to open a practice was a bold one.  In 1983, she hired a recent law school graduate named Manny Newburger giving rise to the firm that would ultimately become Barron & Newburger, P.C. Two early cases which brought her attention were Briarcliff Utilities and Steve Scott. In the Briarcliff case, she was appointed Chapter 11 Trustee for a water utility near Spicewood, Texas. One of the customers of the utility who did not pay his bill was Willie Nelson. Ms. Barron sued the music legend twice. Eventually she was able to pay all the creditors with interest and return money to the company’s owner. The Steve Scott case arose during the real estate collapse of the late 1980s and early 1990s in Texas. Mr. Scott owned an office building on Barton Springs Road in Austin. A savings & loan, which later was taken over by the Resolution Trust Corporation (“RTC”), attempted to foreclose upon the building. However, the building sat on two lots, only one of which was covered by the deed of trust. Ms. Barron filed a Chapter 11 case for Mr. Scott and sued the RTC alleging that the government entity was wrongfully using the half of the building not covered by the deed of trust. The RTC claimed that the court lacked jurisdiction over it and that its power to avoid unwritten agreements overrode the failure of the deed of trust to describe the full property. After the bankruptcy court authored an opinion finding that it did have jurisdiction, Scott v. Resolution Trust Corporation, 157 B.R. 297 (Bankr. W.D. Tex. 1993), the parties reached a settlement. Under the settlement, Mr. Scott was able to re-purchase his building on favorable terms and the prior opinion was withdrawn.  Although the opinion was formally withdrawn and cannot be accessed online, it can still be found in older copies of the Bankruptcy Reporter printed before the opinion was withdrawn. In another one of her cases, her bankruptcy estate came to own a large quantity of wine. She obtained the necessary permits from the State of Texas to allow the wine to be sold out of the vault of a failed bank, giving rise to the Wine Vault. The novelty of the arrangement made for a successful sale. As the firm became Barron & Newburger, Manny Newburger recognized that the Fair Debt Collection Practices Act was going to become a major source of litigation. He and Ms. Barron authored a book on the Fair Debt Collection Practice Laws of the United States. Once, when an older attorney was attempting to lecture Ms. Barron about the FDCPA, she asked him to look on his bookshelf and see if he had a certain book. Sure enough, the attorney had a copy of the book co-authored by Ms. Barron. Throughout her career, Ms. Barron was an active member of the Commercial Law League of America and worked on many amicus briefs filed on behalf of the League. One of these was Heintz v. Jenkins, 514 U.S. 291 (1995), an early case interpreting the FDCPA. Ms. Barron and I worked together on Reed v. City of Arlington, 650 F.3d 571 (5th Cir. 2011)(en banc). In that case, a panel of the Fifth Circuit had ruled that a trustee was bound by a debtor’s fraudulent failure to disclose an asset. We filed an amicus brief on behalf of the CLLA and all members of the court, except for the members of the original panel, agreed that the trustee was not bound by the debtor’s concealment of assets.  We also worked together on In re Woerner, 783 F.3d 266 (5th Cir. 2015)(en banc) in which the full Fifth Circuit overruled an eighteen year old precedent which had held that an attorney’s ability to get paid in a failed Chapter 11 case depended on whether the attorney was successful. The en banc Court ruled that the proper test was whether the attorney’s actions were reasonable at the time. Throughout her career, Barbara had a special interest in representing restaurants in bankruptcy and represented many well-known dining establishments.Education and Charitable Work Barbara Barron was also very involved in continuing legal education. She spoke at many courses, including a series of Ten Commandments lectures aimed at helping creditors maximize their recovery and avoid pitfalls in bankruptcy cases. She created innovative courses for the State Bar of Texas on Bankruptcy Mediation and Forensic Finance.  Ms. Barron was the co-recipient of the Constant Gardener Award from Advocacy, Inc. for her representation of a hearing-impaired debtor who stood to lose her claims under the Americans with Disabilities Act. Ms. Barron was active in charitable activities as well. She once helped a high school student put on a concert to raise money for the Health Alliance for Austin Musicians. She helped to get several musicians from the Antone’s Records label to perform at the benefit. She also organized and executed a benefit to raise money to buy an ambulance in Israel for American Friends of Magen David Adom, the Israeli equivalent of the Red Cross. She was named the 2013 Volunteer of the Year by Jewish Family Services of Austin and served on the board of the local YMCA for many years. She developed the Patient Partners program for Jewish Family Services of Austin. She was instrumental in establishing the Debt Counseling Clinic to assist the Legal Aid Society of Central Texas, and she organized the Insolvency Support Group in Austin — one of the first groups of its kind in the United States.Personal Life In her personal life, she enjoyed trips to New York to watch Broadway shows. She was a supporter of the Austin Film Festival and Austin Jewish Film Festival. Her home was full of books, both serious and popular. She had recently finished Lisa Scottolini’s latest book before her death. Dim sum and bagels were two of her favorite meals for Sunday brunch. Barbara continued to work until the end and was last in the office two days before she passed away. She will be missed.  

A Million Dollar Mistake: Personal Injury and Bankruptcy Under Virginia law, the bankruptcy court cannot take away a personal injury claim.  Injured in a car accident? Hurt in the hospital? Anyone in Virginia can file bankruptcy and still keep those claims. Steven Ramsdell, one of the top bankruptcy lawyers here, is desperately trying to save […] The post A Million Dollar Mistake: Personal Injury and Bankruptcy by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

There are two government programs available to help disabled individuals, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs are administered by the Social Security Administration (SSA). While both share similar requirements when determining if an applicant has an eligible medical condition, they are drastically different in their financial requirements. SSDI is […] The post How Much Disability Will I Get If I Never Worked? appeared first on .

If you have been injured or suffer from a medical impairment that limits your ability to work, you might rely on disability benefits to pay your monthly bills. If you have been receiving disability or are applying for benefits, you might wonder if your monthly payments are taxable. The Social Security Administration (SSA) offers Pennsylvanians […] The post Is a Disability Check Considered Income By the IRS in Pennsylvania appeared first on .

The amount of Social Security Disability benefits you could receive depends on the program. There are two separate programs administered by the Social Security Administration (SSA): Social Security Disability Insurance (SSDI) and Supplemental Security Insurance (SSI). SSDI is designed for people who have paid into the Social Security Fund through their payroll or self-employment taxes. […] The post How Much Money Can You Get on Disability in Pennsylvania? appeared first on .

If you are receiving Social Security Disability benefits and receive an inheritance or other windfall, it could affect your benefits. However, it depends on the type of benefits you are receiving. The Social Security Administration (SSA) administers two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). How an inheritance impacts your […] The post Can You Lose Disability Benefits if You Inherit Money? appeared first on .

The FRESH START Through Bankruptcy Act of 2021Durbin/Cornyn FRESH START would:-Make Federal Student Loans Eligible for Discharge in a Bankruptcy Proceeding ten years after thefirst loan payment is due.- As part of the bankruptcy proceedings, certain colleges and universities  who receive a certain amount of federally backed student loans, would be required to repay a portion of discharged federal student loans to the taxpayer, in a new cost-sharing structure.- Retain the Existing Undue Hardship Option for private student loans and for federal student loans thathave been due for less than ten years.- Increase Institutional Accountability by creating provisions that require colleges with more than one third of their students receiving federal student loans to partially refund the government if a student’s loan is later discharged in bankruptcy. This provision would apply if a school had consistently high student loan default and low repayment rates at the time of a student’s attendance.-Provide an Option for Student Borrowers who have no realistic path to pay back their overwhelmingstudent loan debt by allowing bankruptcy to be an option to help them get back on their feet.More Information about the Bill can be found at:https://www.judiciary.senate.gov/imo/media/doc/FRESH%20Start%20Act%20of%202021%20One%20Pager.pdf

Steps To Filing Bankruptcy On Credit Card Bills Should I File For Bankruptcy For Credit Card Debt? Unsurprisingly, credit card debt is one of the leading causes of bankruptcy in the United States. When your balance gets out of control, you may be pegged with interest and late fees that make it even harder to escape from debt. After a while, your creditors will eventually begin to pursue payment for your balance in arrears. You will know one of your creditors has filed a lawsuit against you once you receive a summons. At this point, you will have limited time to either argue against why you owe the creditor the demanded sum, or deal with your debt in some other way. Once your creditor obtains a judgment against you, they can use that to obtain a writ of garnishment for your wages. This allows your creditor to take 15-25% or more of your wages, directly from your paycheck. Whether your situation has progressed to a lawsuit or wage garnishment, you can use bankruptcy to protect yourself from your creditors and clear away credit card debt, so you can start fresh. 1. Check That You Qualify For Bankruptcy The vast majority of Americans will choose between Chapter 7 and Chapter 13 when filing bankruptcy. There are special requirements for each, and you also must meet your state’s residency requirement to file. There are also mandatory waiting periods between bankruptcy filings- 8 years between Chapter 7 bankruptcies, which reduces if one or more of the chapters filed is a Chapter 13. Chapter 7 has income restrictions: you can only file if you make less than the state median income, or pass the Means Test. To qualify for Chapter 13, you must have sufficient income to pay off your mandatory debts. Schedule a consultation with a Phoenix bankruptcy attorney in your area to go over your bankruptcy qualifications. 2. Make Sure You Haven’t Exceeded Pre-Bankruptcy Credit Card Spending Limits You can discharge thousands upon thousands of credit card debt in bankruptcy, so of course the courts have restrictions in place to prevent abuse. For example, there are limits to how much you can spend on your credit cards in the time frame leading up to your bankruptcy filing. This prevents debtors from maxing out all of their credit cards without any intention of ever repaying it, as they plan to soon file bankruptcy. In the 70 days before declaring bankruptcy, you may not exceed $1,000 in cash advances on your credit cards. In the 90 days before your bankruptcy, you may not spend more than $750 on luxury items on your credit cards. 3. Prepare Your Bankruptcy Petition Your bankruptcy petition is meant to provide your trustee with a full and accurate representation of your financial situation. It will require several of your personal financial records to complete. For example, you will need several years of tax returns, leases and unexpired contracts, vehicle registrations, divorce and child support documents, and more. Clearly, it could take you a while to assemble all of these documents, so it’s best to start preparing as soon as possible. However, if you find yourself in an emergency situation, e.g., your vehicle is about to be repossessed or a wage garnishment is about to start, you may want to use a bankruptcy filing. You will only need six months’ worth of income information, as well as your identification forms and basic contact information, to complete an emergency bankruptcy petition. This will activate the Automatic Stay, which protects you from your creditors, and you will have 2 weeks to submit your full petition. 4. Complete Your Credit Counseling Courses In addition to submitting a bankruptcy petition, you will also need to complete credit counseling to discharge your debts in bankruptcy. One of these courses will need to be completed before your petition is filed, and the second must be completed within 60 days of your 341 Meeting of Creditors. These courses can typically be completed online within 1-2 hours, and cost around $20-35. Your first credit counseling course certificate will be valid for 180 days, so you can take it in advance while preparing for your bankruptcy. 5. Confirm That All Of Your Creditors Are On Your Creditor Mailing Matrix It’s vital that all of your creditors are included on your creditor mailing matrix, which will be filed alongside your bankruptcy petition. You don’t get to pick and choose which debts are discharged in your bankruptcy- you must list ALL of your creditors in your creditor mailing matrix. Your creditor mailing matrix will list all of your creditors, and should include their mailing addresses so they can be notified of your bankruptcy filing. If you fail to include any of your creditors, they may accidentally proceed with a wage garnishment, repossession, etc., while your bankruptcy is active due to your failure to notify them. Most of your creditors should be on your credit report, but certain types of debts, especially recent ones, have a chance of being absent. 6. File Your Bankruptcy Petition If you retain a Chandler bankruptcy attorney, they will take care of this step for you. Otherwise, it will be your responsibility to file your bankruptcy petition, with all of its accompanying documents, with the bankruptcy court. You should receive a letter from your bankruptcy trustee in about 10-15 days. This will tell you your court date for your 341 Meeting of Creditors, and your trustee will likely request additional documents in support of your petition. 7. Debts Discharged: Be Careful With New Lines Of Credit If you filed Chapter 13 bankruptcy, you will need to complete your payment plan to achieve discharge. If you filed Chapter 7, you will simply wait the 60 days after your 341 Meeting of Creditors (and completing your second credit counseling course) for your case to be eligible for discharge. Once your case has been discharged, you are no longer legally obligated to pay the debts discharged in your bankruptcy. You will likely be inundated with new credit offers shortly after discharge. While opening new credit cards can be a great way to rebuild your credit after bankruptcy, you should be cautious about the terms of all credit offers, and spend minimally and wisely. Contact Our Phoenix Bankruptcy Attorneys With Additional Questions Do you have more questions about discharging your credit card debt through bankruptcy? Our dedicated legal team is here to help. For more information about bankruptcy, and to see if you qualify, call (480) 833-8000 or use our online form today to schedule your free consultation. We also offer great rates and flexible payment plan options to help you afford getting started.   Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: [email protected] Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post Steps To Filing Bankruptcy On Credit Card Bills appeared first on My AZ Lawyers.

Applying for Social Security disability benefits in Pennsylvania is a lengthy and challenging process. According to its own website, the Social Security Administration (SSA) indicates that it could take anywhere between three to five months to approve an initial application. The reality is that it could take much longer. The initial process takes time and […] The post How Far Back Does Disability Pay in Pennsylvania? appeared first on .

How Do Student Loan Forgiveness and Discharges Differ? Options to consider for Student Loan Debt Relief One of the biggest debts that many people carry is a student loan (or loans). Some people are paying more than $500 or even $1,000 a month for their student loans, and they expect to keep paying them for at least a decade, if not more. That’s a lot of money coming out of the monthly budget. It’s no wonder then that so many people with a lot of student debt are thinking about filing for bankruptcy. But ask any Tucson bankruptcy attorney if you can unload student debt in a bankruptcy and the disappointing answer will almost always be “no.” There are exceptions in which you can get student loans discharged, but they are rare and hard to get approved. If you are unable to get your student loans discharged in a bankruptcy filing, there are other things you can do to get debt relief. One avenue may be to apply for student loan forgiveness. Here’s a look at the differences between student loan discharge and forgiveness, as well as some alternate options you can consider: Student Loan Forgiveness The government provides a couple of options for having your student loans forgiven. There are two programs that provide this option: The Public Service Loan Forgiveness program and the Teacher Loan Forgiveness program. Under the Public Service Loan Forgiveness program, you have to work in the public service sector for at least 10 years. In addition, you have to have made your student loan payments for the previous 120 months, or 10 years of solid payments. Some positions in the public sector can include doctor, nurse, social worker, firefighter, or police officer. There may be other positions that you could argue are in public service. Under the Teacher Loan Forgiveness program, you must be a teacher at a qualifying school, usually one that is in an underserved area. You must have been a teacher at such a school for five years, and you must meet other criteria. If you qualify, you will be able to have $17,500 of student debt forgiven. Student Loan Discharge You can have your student loans totally discharged through bankruptcy, but it is a rare occurrence. You will have to meet certain criteria to qualify. Some possibilities for getting student loan discharge include: Identity theft (performed to open student debt in your name) Fraudulent misrepresentation Total and permanent disability To prove fraudulent misrepresentation, you have to show that someone signed your name to a loan application or misled you about the school or your opportunities after graduation. You can also show that someone did not let you know about reimbursement money that you should have received. The grounds for having your student loans discharged are very narrow, and they can be difficult to prove in some cases. Bankruptcy Protection You may not be able to have your student loans discharged or forgiven, but you may be able to get debt relief that makes it easier to pay your student loans. Bankruptcy protection can relieve the burden of other debts, such as credit cards, personal loans, and medical bills, so that you can free up money every month and make it easier to include those student debt payments in your budget. Chapter 7 bankruptcy can completely discharge your unsecured debts, like credit cards and medical bills. You could free up hundreds of dollars every month, depending on how much you owe. Chapter 13 bankruptcy can reorganize your debts into an affordable payment plan, including secured debts like back payments on your mortgage or car loan. You could get a more reasonable monthly payment that actually works for your budget. Call My AZ Lawyers in Tucson to talk with a bankruptcy attorney about how bankruptcy protect might be able to help you. A bankruptcy attorney from our team will review your finances and counsel you on the best chapter of bankruptcy to meet your goals. If you feel like you qualify for student loan discharge, we can counsel you on that option and potentially help you to pursue it. Our goal is to help you get the maximum debt relief available under the law. Call us in Tucson today to schedule a consultation with a bankruptcy attorney and learn more about your options.   Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: [email protected] Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post How Do Student Loan Forgiveness and Discharges Differ? appeared first on My AZ Lawyers.