One of the most common questions people ask themselves and experienced Troy, Ohio bankruptcy attorneys when considering filing for bankruptcy is whether they should file, or if they should consider other alternatives. This is a difficult question that really has no set answer. Determining whether bankruptcy is right for you depends on many things, so it’s extremely important that you’re properly informed about bankruptcy. You’ll want to know if you are even eligible to file for bankruptcy, and if so, what types. We’ll explain. Eligibility and Types As an individual filer, there are two different types of bankruptcy you may be eligible for: Chapter 7 and Chapter 13. Determining eligibility depends on a few different factors based on your income. If you file for Chapter 7 bankruptcy, your income must be limited and unreliable. If you have a steady job with a consistent income stream, you’ll most likely qualify for Chapter 13 bankruptcy. Determining Bankruptcy Benefits Even though there are many misconceptions about bankruptcy, filing for bankruptcy can mean a financially stable future. One of the biggest advantages of bankruptcy is allowing you to eliminate, reduce, or restructure your debt. And, it’s important to note that filing for bankruptcy does not mean you’ll lose everything, it is just a way to help you get through a difficult financial time. Retain an Experienced Attorney There are a number of reasons why you have found yourself in financial difficulties, including medical issues and an unexpected job loss. Once you have come to terms with the fact that it’s okay to ask for help, contact us for professional and experienced bankruptcy representation. The post A Troy, Ohio Bankruptcy Attorney Explains the Importance of Understanding the Bankruptcy Process appeared first on Chris Wesner Law Office.

You should never suffer abuse or harassment just because you owe a debt. However, as a Troy, Ohio Bankruptcy Attorney, I have heard many horror stories. People sometimes fall on hard times. We all make mistakes and getting in over our head is stressful enough. This is why, in 1977, Congress passed the Fair Debt Collection Practices Act. Consumers needed  protection from the abuses of debt collections. In Ohio, debt collection abuse protection does not stop with the federal law. The Ohio Attorney General‘s office states, “The federal Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act cover consumer debts used primarily for personal, family or household purposes, such as credit cards, auto loans, utility bills, medical bills, mortgages and some student loans.” There are three main areas of prohibited practices: Abuse and Harassment, Misleading or False Statements, and Unfair or Unjust Practices. Abuse and Harassment – A debt collector can not use foul language. They cannot intentionally work to annoy you. They are not allowed to harm or threaten to harm you. A debt collector may not publicly embarrass you by publishing your information. Misleading or False Statements – When attempting to collect a debt, the debt collector cannot misrepresent the balance owed or themselves. They are not allowed to tell you they are a police officer or represent a government agency. They may not imply your nonpayment will lead to an arrest. Unfair or Unjust Practices – A debt collector is not allowed to disclose information to a 3rd party. They are not allowed to increase your balance except as allowed by law. They cannot make collect calls. They may not prematurely deposit a postdated check. If you send a debt collector a written dispute of the debt within 30 days of their first contact, you may ask for and they then must provide: A fully itemized breakdown of the debt, A description of the product or services purchased, The debtor information including name, address, and last 4 numbers of their Social Security number, The original creditor’s full name and address, and Any and all supporting documentation for the debt. Once you dispute the balance owed, a debt collector is not permitted to contact you until they validate the debt. Ensure you mail the dispute using certified, return receipt mail. Also, keep a written record of all communication including phone calls. The documentation is important if you ever go to court. If you would like to talk more about debt collection abuse in Ohio, or need more information, please contact us. The post Troy, Ohio Bankruptcy Attorney Discusses Debt Collection Abuse appeared first on Chris Wesner Law Office.

If you are one of the millions of Americans who have never had to deal with a debt collector, count yourself lucky. As a Troy, Ohio Bankruptcy Attorney, I often discuss the importance of the Fair Debt Collection Practices Act (FDCPA) with clients and how it applies to bankruptcy. The FDCPA is a federal law created to protect consumers from deceptive and abusive debt collection practices. The methods employed before the law passed in 1977 were appalling. The Fair Debt Collection Practices Act sets a legal framework for the practices of debt collectors and sets both administrative and civil penalties for violations. It also defines a debt collector as a person or company in the business of collecting a debt. This does not include an original creditor’s internal collectors. Under the Fair Debt Collection Practices Act, a debt collector may not: Contact you at home before 8 in the morning or 9 at night, Continue communication after you give written notice to stop, Repeatedly call or make your phone ring with the intent to annoy or harass, Call you at work if they know calls are prohibited, Contact you directly if they know you have an attorney, Continue to communicate if you request a verification of the debt and they have yet to provide it, Make false or misleading statements, Publish your personal information and publicly list you as having bad debt, Attempt to collect an unjust amount prohibited by law, Threaten to have you arrested or take legal action not permitted, Use abusive or foul language, Threaten any form of violence, Communicate the debt to 3rd parties, Contact you by postcard or any media with the intent to embarrass, and Report false and inaccurate information to the credit bureaus. Moreover, many who decided to file bankruptcy do it because of abusive debt collectors. If the attempts to collect a debt violate the FDCPA, the consumer may sue the creditor for actual and statutory damages. The Bankruptcy Code can protection your from the effects of the debt, and the FDCPA allows you to fight back against abusive practices. If you would like to talk more about the Fair Credit Collection Practices Act, or need more information, please contact us. The post Troy, Ohio Bankruptcy Attorney Talks About the Fair Debt Collection Practices Act appeared first on Chris Wesner Law Office.

If you are facing bankruptcy in Ohio and trying to make ends meet, creating a plan for moving forward is essential. Part of this plan involves figuring out your financial goals and saving money. Even with limited funds, many people feel the need to save money for emergencies or future plans. Here are some things to consider when building a savings. To File Or Not To File Deciding to file for Chapter 7 or Chapter 13 is a big decision that you will likely want to consult a Troy, Ohio bankruptcy attorney for. If you don’t file, you will need a plan for paying off debts while still affording living expenses and building a fund for emergencies and the future. If you do file, you typically can keep the income you earn after filing for bankruptcy. This means you can focus on budgeting and saving. Find Unnecessary Expenses When you have a tight budget, developing a clearer financial picture can help you figure out where you can cut costs. The first step is to write down expenses and categorize them according to needs and wants. Try to cover all expenses by looking at checks, credit cards, bank statements and even cash spending. Rank the unnecessary items from most to least important. If you have a partner, rank each item from one to three then compare lists. Expenses that are ones for either or both parties should be left alone. The expenses that are of less value to a person or couple could be given up or even changed if there is a less expensive option. The money that was spent on these items could now be saved. Look for the second half of this blog to learn more about saving money, and contact us today for more information about bankruptcy. The post Troy, Ohio Bankruptcy Attorney On Saving Money 1/2 appeared first on Chris Wesner Law Office.

In our last post, we talked about how everyone needs to save money. You might need to consult a Troy, Ohio bankruptcy attorney first, but here is some more information about creating savings funds. Organizing Your Savings Creating a savings involves more than just sticking spare cash in a box under the bed or a jar above the refrigerator. You will likely need more than one fund for short-term and long-term goals and emergencies. Short-term: This includes vacations, holidays, routine repairs to the home or other specific ideas that you are interested in saving up for. When banking online, it is simple to create different savings accounts for these goals where you can set up monthly contributions. Long-term: These goals might not be as definable, but this money is intended to help you live comfortably when you are older. When building a long-term savings, you may want to save 5 percent or more every year with the ultimate goal of saving 15 percent a year. This money can be put in IR As or company retirement accounts. Emergencies The emergency fund helps you prepare somewhat for unexpected events that can bring large expenses like vehicle repairs, a trip to the emergency room, sudden home improvement needs and more. There is no way to predict how much money you might need for unforeseen circumstances, but you can find a figure by looking at your monthly expenses and income. Aim for an emergency fund that covers three months worth of your monthly expenses if you have a stable income that you can count on. If your income varies or comes more sporadically, have more set aside like six months of your expenses. We will work with you to find options that suit you when you are struggling with debt, so contact us today. The post Troy, Ohio Bankruptcy Attorney On Saving Money 2/2 appeared first on Chris Wesner Law Office.

Crushed by debt Nerd Wallet recently reported on rates of personal bankruptcies across the US, both for states and counties. Among states, Ohio ranked tenth for personal bankruptcy filings, with a rate of 322 per 100,000 residents between April 2015 and March 2016 (Tennessee had the highest rate at 553 per 100,000). There shouldn’t be a stigma attached to personal bankruptcy filings. It occurs under a variety of circumstances and involves people from various walks of life across the country every year. Even people who are financially responsible can get blindsided by enormous expenses that they struggle to pay off. Why might you need to file for bankruptcy? Medical expenses. A few years ago, CNBC pointed out how medical bills are the leading cause of bankruptcy filings. Even with health insurance coverage, medical expenses may prove overwhelming. Unemployment. Debts can pile up quickly after job loss. Without a salary, you struggle with rent or mortgage payments, various insurance premiums, debt repayments (such as student loans), and numerous additional expenses, including bills from medical emergencies and disasters (such as a fire or flood in your home). Even if you find another job, your debt may have piled up to such an extent that your new income can’t help you manage it. Changes in living situation. This is especially true for divorce or separation, which bring with them a variety of additional expenses such as child support payments, alimony, and lawyers’ fees. Other times, people may have to move to another location to start a job, and the wages they receive barely help them pay for their cost-of-living expenses. (Decades-long wage stagnation has been undermining people’s ability to cope with housing, healthcare, and education expenses.) Don’t hesitate to contact a reputable Troy, Ohio bankruptcy attorney to further discuss your financial situation. Remember that if you’re struggling, you’re not alone; many Ohioans are in the same boat. Rather than being a stigma, personal bankruptcy could prove an effective solution for your financial difficulties. The post Are you one of thousands of Ohioans filing for bankruptcy? Contact a Troy, Ohio bankruptcy attorney appeared first on Chris Wesner Law Office.

Single or married farmers or fisherman, farm or agriculture corporations, LL Cs, or partnerships are eligible to ask for debt relief and reorganization under Chapter 12 bankruptcy. The eligibility criteria for Chapter 12 are fairly stringent. 50% of debts must be from the farming operation, and 50% of the annual income must also be from the farm. The total debt cannot be over $4,031,575.00 for farmers and over $1,868,200.00 for commercial fishermen. In addition, farmers or fishermen must have a regular annual income. Save your home from foreclosure Like Chapter 13, the reorganization and repayment plan is from 3-5 years. Chapter 12 is more streamlined, less expensive, and less complicated than the better known Chapter 13. But relatively few qualify, as the eligibility is quite specific to family farmers and family fishing operations. Chapter 12 also provides an automatic stay provision for co-debtors. The single biggest issue, though, for farmers under the jurisdiction of Chapter 12 bankruptcy court is the issue of capital gains taxes on the sale of land. Farmers are subject to capital gains taxes on the sale of farmland to pay off debts under a Chapter 12 bankruptcy agreement. Even if the sale of land is mandated by the court for the satisfaction of debt, the IRS can assess capital gains and that tax liability is not part of the bankruptcy agreement. A bill introduced in Congress in 2012 to stop assessment of capital gains for a farm under bankruptcy protection failed. The latest IRS publication on this issue details how the IRS will calculate capital gains taxes for land sold to pay off debts. For more information about bankruptcy, or to consult a Troy, Ohio bankruptcy attorney, please contact us. The post Can Chapter 12 Bankruptcy Save the Farm? appeared first on Chris Wesner Law Office.

When filing for Chapter 7 bankruptcy, you can forfeit your vehicle, whether you bought the car or leased it, which relieves you of the liability. However, if you still need your car to get to work and take the kids to school, depending on your situation and financial viability, you may be able to hold on to the car under the following circumstances: If you have paid off the vehicle and the value is below Ohio’s vehicle exemption amount, you may be allowed to keep it after filing bankruptcy. Probably the easiest way to keep your car is through redemption, which allows you to pay the trustee the current value of the vehicle in one lump sum. This is a good deal if you owe more than it’s worth because you only have to pay for the current value of the car. If paying a lump sum is not economically feasible, you may also be able to enter into a reaffirmation agreement. Since lenders know that you have the option of turning in the vehicle and discontinuing payments, it is often in the lender’s best interest to work with you to negotiate a better payment plan than the original loan agreement because some money is better than no money. It is important to remember that the point of filing for Chapter 7 bankruptcy is to discharge the burden of your debt. So the court may not allow you to sign an agreement that could exceed your budget. Filing bankruptcy doesn’t have to destroy your life, contact us, Troy, Ohio Bankruptcy Attorney, and we can help you get through it. The post Troy, Ohio Bankruptcy Attorney Can Help You Keep Your Car in a Chapter 7 Bankruptcy appeared first on Chris Wesner Law Office.

By Dan Rivoli and Jillian Jorgensen  The City Council will once again explore capping the number of vehicles driving for Uber and similar app-based taxi services in New York City streets — beginning with a yearlong ban on issuing new licenses for most for-hire cars. The move comes three years after a similar effort to limit the ride-hailing apps in the name of congestion. It was pushed by Mayor de Blasio, viewed skeptically in the Council and failed in the summer of 2015 in the face of aggressive push back from Uber. But calls for restrictions on the companies have grown in recent months, as studies have borne out that the cars — often driving without passengers — have indeed increased congestion. Perhaps more stark has been the reckoning of the services’ impact on the city’s old-fashioned taxi and livery industry, and on drivers who spent their entire fortunes or mortgaged their homes to buy taxi medallions, only to see them plummet in price. Six struggling drivers have killed themselves this year. Council Speaker Corey Johnson (D-Manhattan) said the Council’s package of bills aimed to create fairness between the various kinds of taxis in the city, to support drivers who work for all those kinds of taxis, to combat congestion and increase accessibility for the disabled. "We aren't taking away any service that is currently being offered to New Yorkers,” he said. "We are pausing the issuance of new licenses in an industry that has been allowed to proliferate without an appropriate check." But Uber, as it did in 2015, promptly mobilized against the effort — rolling out a seven-figure television ad buy targeting the bills, in addition to ads on social media and elsewhere. That’s on top of a prior ad buy of more than $1 million for a campaign dubbed “Uber’s There.” And the company will directly reach out to its millions of New York users by email, it said, a strategy that paid dividends three years ago. “The New York City Council has proposed a series of bills that could make Uber more expensive and less reliable throughout the five boroughs — severely impacting those who rely on Uber when public transit isn’t an option,” the e-mail, shared with the News, will read. The message includes a link allowing riders to “tweet to the City Council.” Sure enough, tweets started appearing online — some using the exact same language and the hashtag #DontStrandNYC. The direct outreach went even further: Uber appears to be reaching out to New Yorkers by phone about the legislation, according to one source who received a call. The caller even tried to connect the source directly to their City Council member’s office, though the source noted the caller had the wrong district. Lyft also pushed back against the cuts, arguing the city was fighting not for small-time medallion owners but “corporate” ones and misplacing blame for congestion. “I think to put the blame squarely on ridesharing companies for that misses the point - there’s many studies that show ridesharing is not the cause of increased congestion,” Lyft communications director Adrian Durbin said. Durbin, like his counterparts at Uber, argued the cap would make drivers head to the most lucrative area — Manhattan’s central business district, which would hurt outer borough riders and worsen congestion. And the yearlong ban means the service will be unable to replace any driver who departs, he said. But the bill does allow for the TLC to add new licenses if they don’t believe it will impact traffic — and it contains a carve-out allowing new licenses for wheelchair accessible cars. "If any of these companies, like Uber, want to put a new wheelchair accessible vehicle on the road, they can do that,” Johnson said. Medallion owners cheered the effort. “In the last few years, Uber and other ride share companies have congested Manhattan streets, deprived passengers in wheelchairs from receiving meaningful service and decimated the lives of immigrant taxi drivers and their families,” the Metropolitan Taxicab Board of Trade said in a statement. The board said the legislation was overdue but a “meaningful start” and urged the Council to pass them quickly. De Blasio has long offered support for a cap on the services, and has repeatedly returned to the idea in discussing the driver suicides. “As far as I can see this proposed legislation is addressing some really serious issues in a smart way, and I look forward to looking at it and I think the Council is trying to do something important here,” he said Friday. While the last attempt to cap Uber went down in flames in the Council amid opposition, Johnson said that after drivers died by suicide, people have recognized it’s time to action. "We are really just doing what we think is the right thing to do,” he said. “If that means that they're going to launch ads and campaign, I think it's our duty as elected officials to explain why we're doing this and to be able to explain that to the public on why we think this is a good public policy decision." The bill to bar new licenses for a year is sponsored by Councilman Stephen Levin (D-Brooklyn). "There's been an average 2,000 new vehicles added to the streets every single month,” Levin said. “At this point, it's pretty well-saturated, if not over saturated." Council staff characterized the bill as a pause, not a cap — but the pause is intended to allow for a study of the impact of those vehicles and, after the study, to allow the TLC to cap new licenses if necessary. The TLC would also be able to set a “vehicle utilization standard” for the industry, aimed at regulating how often the cars are plying the city streets empty. Another bill, sponsored by Councilman Ruben Diaz Sr. (D-Bronx) — who has been showered in taxi industry donations and leads a new committee on the subject — would require a new license for companies handling more than 10,000 trips a day. That would apply to the big names in ride-sharing, like Uber, Lyft, Via and Juno. The cost would be set by the TLC. Other bills from Diaz Sr. would waive license fees for wheelchair-accessible cars, and lower fines on livery drivers caught picking up street hails. The bill aimed at driver pay, sponsored by Councilman Brad Lander (D-Brooklyn) would require the TLC to set a minimum payment for drivers and would also allow them to study whether to should set a minimum fare. Copyright 2018 New York Daily News.  All rights reserved. 

You waited what seems like a lifetime (approximately 1 ½ – 2 ½ years) for your day in Court and you have finally been scheduled for your Social Security Disability hearing. At this point, your chances of success are better than at either the initial application or reconsideration stage. However, you still want to ensure […] The post How to Get Disability Benefits in Pennsylvania appeared first on .