Misuse or Misapply SBA EIDL Loan Proceeds and Chapter 7 Bankruptcy FilingsAs many readers of our emails and blogs know, we have developed a practice representing individuals and businesses that have defaulted on SBA loans. We either want to do a workout with the SBA or file for bankruptcy.The first question we are asked is whether SBA loans are dischargeable in a Chapter 7 bankruptcy filing. The answer to that question is yes. The SBA (depending on the amount of the loan) is either an unsecured or a secured creditor, and those loans are dischargeable in a chapter 7 bankruptcy filing.The second question we asked is: if the business files for chapter 7 bankruptcy, is the business owner who guaranteed the loan (if the SBA loan was greater than $200,000.00, a guarantee is required) still liable to pay for the defaulted loan? The answer is yes.The third question is, What happens if the business that received the SBA EIDL loan misuses or misapplies the SBA loan proceeds?The SBA EIDL loan requires borrowers to use the funds only for eligible expenses like payroll, fixed debts, accounts payable, and other regular business expenses (working capital).Using funds for unauthorized purposes violates loan terms.If the SBA determines a borrower misused the funds or did not use them as required, it can demand repayment of the loan. It can also commence litigation against the borrower to collect the monies. The SBA can foreclose against business assets if they are secured or sue the guarantor. The SBA can obtain a judgment, garnish wages, place liens on property, and liquidate assets to recover the unpaid loan balance. The SBA can also refer the defaulted loan to the Treasury Department for further collection efforts.The fourth question we are asked is: if the business that received the SBA EIDL loan misused or misapplied the SBA loan proceeds, can that entity file for chapter 7 bankruptcy to discharge the loan?For example, what if the borrower did not use the money for working capital or operating expenses but instead used the money for personal expenses such as the purchase of real estate, an automobile, or a stock or bond investment?The misuse or misapplication of the SBA EIDL loan proceeds may prevent the borrower from receiving a discharge in bankruptcy for the reasons provided below.First, the dischargeability of SBA EIDL loans in Chapter 7 Bankruptcy is governed by bankruptcy law under 11 U.S.C.  § 523(a)(2)(B).Section 523(a)(2)(B) pertains to the non-dischargeability of debts arising from "false pretenses, false representation, or actual fraud, other than a statement respecting the debtor's financial condition. If the SBA determines that the borrower engaged in fraud, the SBA could commence an adversary proceeding objecting to the business’s bankruptcy discharge (an adversary proceeding is litigation commenced by a party after a bankruptcy filing).COMMENTS:Adversary proceedings in Bankruptcy are expensive and time-consuming, and creditors do not frequently commence litigation in bankruptcy cases, in this author’s experience.Will the chapter 7 Bankruptcy Trustee inquire about the misuse or misapplication of funds and notify the SBA? Generally, that is not the concern of a Bankruptcy trustee.The larger the loan amount, the more likely the SBA will object to the discharge.If there is a guarantee, the SBA will be less likely to commence litigation.The SBA employees are busy, and they may just write off the loan and move on to the next case.We were unable to find any Bankruptcy cases involving the misuse or misapplying of SBA EIDL loan proceeds or adversary proceedings by the SBA (although those cases may exist).If the SBA commences litigation, they need to prove fraud (which is difficult), and there may be opportunities to settle the case.Finally, the Debtor needs to do a cost-benefit analysis regarding the cost of the chapter 7 bankruptcy filing and the risk of an adversary proceeding being commenced by the SBA.Businesses or creditors with questions about the misuse or misapplying of SBA EIDL loans should contact Jim Shenwick, Esq., at 917-363-3391  [email protected] Posts by James Shenwick, Esq. regarding SBA EIDL LoansSBA EIDL HARDSHIP PROGRA Mhttps://shenwick.blogspot.com/2023/07/sba-eidl-hardship-program.htmlDefaulted SBA EIDL Loans, Limited Liability Company (LLC) and Cancellation of Debt Income (COD) under Section 108 of the Internal Revenue Codehttps://shenwick.blogspot.com/2023/07/defaulted-sba-eidl-loans-limited.htmlOffers In Compromise ("OIC") for Defaulted SBA EIDL loans and Section 108 of the Internal Revenue Code ("IRC"), Relief of Indebted Income, a Trap for the Unwary!https://shenwick.blogspot.com/2023/05/offers-in-compromise-oic-for-defaulted.htmlEIDL LOAN WORKOUTS AND BANKRUPTCY    https://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.htmlEIDL Loan Default Questions & Answers https://shenwick.blogspot.com/2022/10/eidl-loan-default-questions-answers.htmlEIDL LOAN DEFAULT DOCUMENT REVIEW, WORKOUT, BANKRUPTCY FILING & OFFER IN COMPROMIS Ehttps://shenwick.blogspot.com/2022/07/eidl-loan-default-document-review.htmlEIDL Defaulted Loanshttps://shenwick.blogspot.com/2022/07/eidl-defaulted-loans.htmlNew Relief Program for SBA EIDL Borrowers Who are Having Difficulty Repaying EIDL Loans " Hardship Accommodation Plan"https://shenwick.blogspot.com/2023/05/new-relief-program-for-sba-eidl.htmlEIDL LOANS and SBA OFFER IN COMPROMISE PROGRA Mhttps://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compromise.htmlPPP & EIDL Fraudhttps://shenwick.blogspot.com/2022/08/ppp-eidl-fraud.htmlBetter to connect-What small business owners need to know about repaying loans tied to pandemic relief from the SBA EIDL Loanshttps://shenwick.blogspot.com/2022/11/better-to-connect-what-small-business.html

 Epiq is reporting that July Commercial Chapter 11 Filings Increase 71 Percent Over Last YearThe article can be found at https://finance.yahoo.com/news/epiq-july-commercial-chapter-11-172700880.htmlJim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Getting a notice of intent to foreclose letter in the mail can be a scary moment. Should this happen to you, it’s important that you understand what this letter means and what is required of you to stop mortgage foreclosure in Pennsylvania. If you have fallen behind on your mortgage payments, you might receive a notice of intent to foreclose in the mail. This is a serious warning of a possible sheriff’s sale of your property. You will have 30 days to respond or settle debts with your lender before the foreclosure process starts in court. Homeowners can respond to these letters by filing for bankruptcy. When you do this in Pennsylvania, a mortgage foreclosure cannot take place. Instead, you will be given time to repay your lender and will be able to keep your home in Pennsylvania. Homeowners can call (215) 701-6519 to get a free case review from the Pennsylvania bankruptcy lawyers at Young, Marr, Mallis & Associates. What is a Notice of Intent to Foreclose Letter in Pennsylvania? Your home cannot be foreclosed upon and taken completely out of the blue in Pennsylvania. Before the process officially begins in court, you will receive a notice of intent to foreclose from the lender. In Pennsylvania, lenders must send notice of intent to foreclose letters to homeowners 30 days before the foreclosure begins. This gives borrowers time to contact our Pennsylvania bankruptcy lawyers and create a plan to prevent foreclosure. If you are financially capable of settling all outstanding mortgage payments with your lender, you can do so during this time. Our Bucks County bankruptcy lawyers might also be able to negotiate an agreement that works for all parties involved, allowing you to retain your property and avoid a foreclosure battle entirely. Notice of intent to foreclose letters are relatively standard documents. The letter you receive from the lender will name you, the property owner, and explain that you are in serious default on your loan. The document will also explain that you have 30 days to cure your mortgage. Otherwise, a lawsuit will follow in court, possibly resulting in mortgage foreclosure. The letter will also give notice of a likely sheriff’s sale of your property in Pennsylvania. Notice of intent to foreclose letters are serious documents and should not be taken as a baseless threat but as a likely indication the fact that you could lose your home in Pennsylvania. A notice of intent to foreclose does not mean your home will be taken immediately. A process must follow the initial letter. All foreclosures in Pennsylvania happen in court. If a lender is threatening you in any way or you believe that the notice of intent to foreclose was a mistake, inform our attorneys right away. How Soon Should You Respond to a Notice of Intent to Foreclose Letter in Pennsylvania? Immediately responding to a notice of intent to foreclose letter is crucial, as failure to respond could cause you to lose ownership of your home. As mentioned, homeowners have 30 days to respond to a notice of intent to foreclose letter and figure out a path forward that allows them to keep their properties. If you do not respond, a sheriff’s sale will eventually commence, where your home may be auctioned off to the highest bidder. While you have 30 days to get your affairs in order, it is best to do so immediately. Once you are served an official foreclosure complaint, the foreclosure process will become a court matter, and negotiating with a lender might be more challenging. After reviewing your finances, our attorneys will determine the likelihood of a lender agreeing to an arrangement that allows you to repay outstanding mortgage payments without the threat of foreclosure. The longer our attorneys have to do this, the more likely we are to succeed in negotiations. That said, not all lenders are open to the possibility of negotiations, especially if they can sell homes in sheriff’s sales and recoup the debts homeowners owe. Do not wait to respond to a notice of intent to foreclose, as doing so could make it appear that you are indifferent to a possible mortgage foreclosure and could harm your future case. How Can You Deal with a Notice of Intent to Foreclose in Pennsylvania? You know your financial situation better than anyone. If you get a notice of intent to foreclose letter in the mail, and you know that you will be unable to immediately repay your lender to avoid a sheriff’s sale of your property, filing for bankruptcy might be the only real solution in Pennsylvania. Homeowners that file for bankruptcy can stop all debt collection efforts from creditors, including sheriff’s sales and mortgage foreclosures. This is because an automatic stay will take effect, shielding you from such action. Bankruptcy will allow you to repay your debts over time, whether through a repayment plan or by liquidating certain assets. Additionally, some of your debts might be dischargeable in bankruptcy, eliminating them and allowing you to focus on repaying your mortgage alone. Once you settle all outstanding debts in bankruptcy, your home will no longer be in jeopardy. Depending on your finances, you will be eligible to file for Chapter 7 or Chapter 13 bankruptcy in Pennsylvania. Each chapter of bankruptcy takes varying times to complete. In some cases, lenders act in predatory ways, taking advantage of prospective homeowners and giving them an inappropriate mortgage based on their finances. If our attorneys can find proof of predatory lending practices that violate Pennsylvania or federal lending laws, we can put a stop to an impending foreclosure. As not all lenders act predatorily, this might not be an option in all cases, leaving bankruptcy as the primary solution for some homeowners in Pennsylvania. Call Our Pennsylvania Lawyers to Stop Mortgage Foreclosure Today By calling Young, Marr, Mallis & Associates at (215) 701-6519, you can discuss your case for free with our Philadelphia bankruptcy lawyers.

 KCRA has New Biden plan cuts student loan payments for millions to $0. Will it be the next legal battle?https://www.kcra.com/article/biden-new-student-loan-payment-plan-explained/44690843Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Getting an Act 91 from your bank warning you of an imminent foreclosure can be frightening. But how serious is this letter, and how can homeowners in Pennsylvania respond to it? Banks send Act 91 notice of foreclosure letters when homeowners have defaulted on their mortgages. This is done to remain in compliance with Pennsylvania laws surrounding mortgage foreclosure. If you get an Act 91 notice of foreclosure letter, you must respond immediately and start building your defense against foreclosure. Within 30 days of getting this letter, you might be served with a mortgage foreclosure lawsuit. Should this happen, and you are unable to cure your mortgage, you can file for bankruptcy to repay your lender and retain your property in Pennsylvania. You can schedule a free case assessment with our Philadelphia bankruptcy lawyers when you call Young, Marr, Mallis & Associates at (215) 701-6519. What is an Act 91 Notice of Foreclosure in Pennsylvania? In Pennsylvania, there are certain procedures a lender must follow if they intend to foreclose upon a borrower’s residential property. This includes sending certain notices to a borrower, such as an Act 91 notice letter. Foreclosure is a complicated process. There are laws in place to ensure all parties are properly informed and have time to respond to certain actions. This includes a law requiring lenders to send homeowners an Act 91 notice, the final notice before the foreclosure begins. Act 91 notices are generally sent to homeowners with conventional home mortgages. If you have a mortgage through the Federal Housing Administration or the U.S. Department of Agriculture, you will receive a different notice all together, an Act 6 notice. Regardless of the specific notice you receive, it will generally contain similar information, whether it is an Act 91 notice or an Act 6 notice. If you receive a notice of foreclosure in the mail from your bank, confer with our Pennsylvania bankruptcy lawyers. The letter will likely comply with Act 91, meaning you might not receive another notice before the foreclosure process starts in court, giving you little time to act. Those that get Act 91 notices might also be eligible for assistance through the Homeowners’ Emergency Mortgage Assistance Program. When Will You Receive an Act 91 Notice of Foreclosure in Pennsylvania? Defaulting on one’s mortgage, or failing to meet mortgage payments for some time, will likely result in a borrower receiving an Act 91 notice of foreclosure letter in the mail from their bank. Banks can start mortgage foreclosure in Pennsylvania when borrowers have been delinquent for at least 120 days. So, if you have missed mortgage payments for a few months, your home could be foreclosed upon relatively quickly. Before this can happen, banks must send notices to borrowers, such as Act 6 and Act 91 notices. Again, lenders generally send these notices simultaneously, within the same letter. These letters must be sent 30 days before mortgage foreclosure filings are submitted to the court, meaning homeowners might receive them in as little as 90 days of defaulting on their mortgages. If you are at risk of receiving an Act 91 notice because you are about to default on your mortgage, you can contact your bank and attempt to negotiate an agreement that helps you avoid foreclosure. Banks are sometimes more or less open to negotiations based on a borrower’s specific situation and delinquency status. What Should You Do if You Get an Act 91 Notice of Foreclosure in Pennsylvania? If you receive a letter from your bank regarding imminent foreclosure, inspect it to see if it complies with Act 91 rules. If it does, you will have about a month to respond to your lender before a foreclosure case is filed in court in Pennsylvania. Do not ignore an Act 91 notice of foreclosure letter. Doing so could put you at risk of losing your home. Homeowners generally have 30 days between receiving this letter and being served with a foreclosure lawsuit. After getting an Act 91 notice of foreclosure letter from your bank, contact our lawyers. Our Trevose, PA bankruptcy attorneys can begin building a defense against foreclosure, which might include finding proof of your bank’s predatory lending practices. State and federal laws protect homeowners from foreclosure in certain situations, which our attorneys may be able to cite in your defense. Suppose you do not act after receiving a notice of foreclosure letter. In that case, you may be unable to build a viable defense and be at a greater risk of your home being foreclosed upon in Pennsylvania. Can You Save Your Home if You Get an Act 91 Notice of Foreclosure in Pennsylvania? While certainly serious, an Act 91 notice of foreclosure letter is not the end of the world. Even if you do not have a defense against foreclosure or you cannot cure your mortgage before foreclosure takes place, there are ways for you to retain your home in Pennsylvania. When foreclosure is imminent, homeowners can file for bankruptcy. Doing this will halt any attempts to foreclose upon your home. Even if foreclosure has begun and your home is about to be sold in a sheriff’s sale, filing for bankruptcy can stop that sale from occurring. Pennsylvania does not have a right of redemption for homeowners whose properties have been sold in sheriff’s sales, which is why stopping such sales from happening is of the utmost importance. If the majority of your debt surrounds your mortgage, you may be able to settle it within a matter of months or a few short years, depending on the bankruptcy chapter you file. When a homeowner enters bankruptcy, lenders might be more open to negotiating to lower a homeowner’s immediate mortgage payments and restructure the existing agreement to make payments easier for a homeowner. Even if your bank is not open to negotiations, bankruptcy can enable you to repay your lender, whether through a repayment plan or asset liquidation, so that you are no longer at risk of losing your home in Pennsylvania. Call Our Bankruptcy Lawyers to Avoid Foreclosure in Pennsylvania Call our Pennsylvania bankruptcy lawyers at (215) 701-6519 to discuss your case with Young, Marr, Mallis & Associates today.

Teamsters says U.S. trucking firm Yellow shuts operations, to file for Bankruptcy.  The article can be found at https://www.cnbc.com/2023/07/31/teamsters-says-us-trucking-firm-yellow-shuts-operations-to-file-for-bankruptcy.htmlJim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

The mortgage foreclosure process happens in court. Before foreclosure officially begins, a lender will send a foreclosure notice in Pennsylvania. If you currently have a Federal Housing Administration (FHA) or U.S. Department of Agriculture (USDA) loan and have entered into default on your mortgage, you might be sent an Act 6 foreclosure notice. This notice means foreclosure is imminent, and a claim will be filed with the court within a month. Individuals with FHA loans generally rent their properties out, meaning their tenants could face losing their homes if a property owner defaults on their mortgage. If you are sent an Act 6 foreclosure notice, you can respond by curing your mortgage, building a defense to stop foreclosure, or filing for bankruptcy in Pennsylvania. Property owners can reach the Pennsylvania bankruptcy attorneys at Young, Marr, Mallis & Associates by calling (215) 701-6519 to schedule a free case assessment. When Are Act 6 Foreclosure Notices Sent in Pennsylvania? Lenders have to follow specific processes in order to foreclose on a property in Pennsylvania. These processes include sending a foreclosure notice to a property owner. The specific notice you receive will be based on the type of loan you have. When individuals get loans from the U.S. Department of Agriculture or the Federal Housing Administration, they will get Act 6 notices of foreclosure when they have entered into mortgage default. These notices must be sent at least 30 days before a lender can file a foreclosure claim with the court in Pennsylvania. All Pennsylvania foreclosures happen through the court. Borrowers that have conventional loans with banks and not FHA or USDA loans will get Act 91 foreclosure notice letters. This letter will contain basically the same information as an Act 6 letter, informing you that you are at risk of mortgage foreclosure. Regardless of the type of foreclosure warning you receive, you will have 30 days to respond to the notice. You can cure your mortgage and repay your lender entirely during that time. If you cannot do this, our Bucks County bankruptcy attorneys can negotiate with your lender to reduce your payments and restructure your mortgage agreement so that you no longer risk foreclosure. If your lender is not willing to negotiate, you might have to build a defense against mortgage foreclosure or stop the process using other methods to keep your property in Pennsylvania. After getting a foreclosure notice, make sure that it is accurate. If you are not in mortgage default, the notice could be a mistake. How Might an Act 6 Foreclosure Notice Affect a Property Owner in Pennsylvania? Most often, Act 6 notices of foreclosure impact property owners with Federal Housing Administration loans. These borrowers are typically landlords that get FHA loans, live in their properties for a year, and then rent their properties out to tenants. Borrowers that have FHA loans likely also rent out their properties. This means that receiving an Act 6 warning of foreclosure could seriously impact your tenants as well as yourself. If your property is foreclosed upon, your tenants may no longer have a place to live. If you are currently living in your property per your FHA loan, you might also risk losing your primary residence. Federal Housing Administration loans are normally carefully administered. The initial down payment is small so that individuals can purchase properties for lesser amounts and repay lenders partially using the rent they receive from tenants. Suppose a borrower got an FHA loan by working with a bank, but the bank improperly administered the loan, used predatory lending methods in the process, or did not comply with FHA rules surrounding these loans. In such circumstances, homeowners could use such actions as reasons why they should be allowed to keep their properties in Pennsylvania, despite being in mortgage default. What to Do if You Are Sent an Act 6 Foreclosure Notice in Pennsylvania If you are sent an Act 6 foreclosure notice letter in the mail in Pennsylvania, you must act quickly. If a homeowner cannot cure their mortgage, they may have to file for bankruptcy to stop mortgage foreclosure. Although filing for bankruptcy can be daunting for borrowers, it is generally preferable to mortgage foreclosure. Bankruptcy and foreclosure can stay on a borrower’s credit report for a comparable amount of time and similarly impact one’s credit. However, bankruptcy will also help you to settle your debts, while mortgage foreclosure will leave you without your property. If you file for bankruptcy and have an FHA loan, your tenants can remain in your property without the risk of foreclosure. Furthermore, you can address your outstanding mortgage payments. Although Pennsylvania does provide a homestead exemption in bankruptcy, there are federal exemptions that property owners can use to protect their properties from liquidation during Chapter 7 bankruptcy. Filing for bankruptcy immediately will be important if you are sent an Act 6 letter. If you wait longer than 30 days to file, the mortgage foreclosure process might begin in court. While debtors might still be permitted to file for bankruptcy if their homes are in foreclosure, doing so could be more difficult. Entering bankruptcy immediately after getting an Act 6 foreclosure notice will allow you to benefit from an automatic stay. This will stop any efforts to foreclose upon your property. If you’ve also received notice of an upcoming sheriff’s sale, that process will be halted when you file for bankruptcy in Pennsylvania. Sending an Act 6 foreclosure notice is not an empty threat from your lender. This notice should be taken seriously and addressed immediately so that your property is no longer vulnerable to foreclosure. Contact Our Pennsylvania Lawyers About Your Mortgage Foreclosure Case Today To have our Philadelphia bankruptcy attorneys review your case for free, call Young, Marr, Mallis & Associates at (215) 701-6519.

 'I feel abandoned' — businesses warn of bankruptcy as deadline to pay back COVID loans loomsNearly 250,000 small businesses who received CEBA loans are in danger of shutting down, says CFIB The article can be found at:https://financialpost.com/news/economy/businesses-fear-bankruptcy-ceba-deadline-loomsJim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Can You Rent an Apartment After Bankruptcy in Arizona? How To Rent An Apartment in Arizona Post-Bankruptcy In the wake of bankruptcy, it’s natural to question how this significant financial event might influence your future opportunities. In particular, people often wonder about the feasibility of renting an apartment after bankruptcy. With the assistance of an experienced Mesa bankruptcy lawyer, you can navigate this challenging terrain more confidently. Bankruptcy isn’t the end of the world; it’s a tool for managing insurmountable debt and offers an opportunity to rebuild your financial life. Although it might initially seem daunting, renting an apartment after bankruptcy in Arizona is possible. However, it will require strategic planning, open communication, and guidance from a bankruptcy lawyer in Arizona to ensure your success. The Impact of Bankruptcy on Your Credit Score Bankruptcy can have a substantial impact on your credit score, which in turn, plays a significant role when landlords assess your rental applications that’s why taking steps to rebuild your credit post-bankruptcy is critical. Simple actions like ensuring bills are paid on time, obtaining a secured credit card, or even taking out a small loan and making consistent repayments can gradually improve your credit score. Additionally, a bankruptcy lawyer can guide other credit-building strategies suitable for your unique circumstances. Tips To Rent A House After Bankruptcy When searching for a house or apartment after bankruptcy, there are several steps you can take to improve your chances of success. One effective approach is to seek out private owners rather than corporate entities, as individuals may be more open to understanding your unique situation and giving you a chance. Additionally, providing evidence of stable employment can boost your credibility, showing that you are financially capable of fulfilling rental obligations. Demonstrating a history of timely rent payments is highly valuable to landlords. If you can show multiple years of punctual payments, particularly to the same landlord, it can make a positive impression. It’s also essential to explain the responsible reasons behind your bankruptcy filing, such as unexpected medical issues or unforeseen events, to help landlords understand your circumstances better. Furthermore, highlighting your financial stability and ability to afford the rent is crucial. Clearing any existing debts and having a substantial disposable income will give landlords confidence in your capacity to meet rent payments consistently. Collecting references from people who can attest to your responsible behavior is another valuable asset in convincing potential landlords to consider you as a tenant. Communicating With Potential Landlords Once you’re ready to start looking for an apartment, communication becomes key. A Glendale bankruptcy lawyer can assist you in crafting a compelling letter of explanation. This document should detail the circumstances leading to your bankruptcy, what you’ve learned from the experience, and the steps you’ve taken to regain financial stability. Being honest with potential landlords about your financial past and providing them with the assurance that you’ve turned over a new leaf can increase your chances of securing a lease. It may also be beneficial to provide proof of steady income or letters of reference from previous landlords or employers to further bolster your credibility. Considering a Co-Signer or Higher Security Deposit In some cases, landlords may require additional assurances such as a co-signer or a higher security deposit. A co-signer is a person who agrees to cover your rent if you’re unable to do so, while a higher deposit offers the landlord an extra layer of financial security. While these methods involve some level of risk or financial burden, they can help you secure a rental contract after bankruptcy. Again, discussing these options with a Gilbert bankruptcy lawyer will help you make the best decision for your situation. If you encounter initial rejections, don’t lose hope. Many individuals have successfully found housing after bankruptcy by employing these strategies, so persistence and determination can lead to positive outcomes. Additionally, offering a larger deposit or proposing to pay for several months’ rent upfront can demonstrate your commitment and reliability, increasing your chances of securing a suitable rental property. Get in Touch with an Arizona Bankruptcy Lawyer Today Don’t let bankruptcy impede your journey to find a new apartment. At My AZ Lawyers, we understand the complexities of life after bankruptcy and we’re here to guide you through it. Our expert team can provide you with strategies to rebuild your credit, communicate effectively with potential landlords, and explore other options to enhance your chances of securing a lease. We believe everyone deserves a fresh start. Contact us today and let us help you take the first steps toward your new beginning. This article is courtesy of Blake Goodman, P.C., a leading bankruptcy law firm in Hawaii. With a comprehensive understanding of bankruptcy’s implications, the firm provides expert guidance for those navigating financial difficulties and rebuilding their lives post-bankruptcy.   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 Can You Rent an Apartment After Bankruptcy in Arizona? appeared first on My AZ Lawyers.

The sex offender registry is a frightening prospect. Registered sex offenders face great difficulty after incarceration, and many hope to somehow avoid registration requirements. The Sex Offender Registration and Notification Act (SORNA) is a federal law that all states must abide by. As of 2012, the law imposed harsh minimum registration requirements that states had to adopt into their existing registration laws. For as long as the registry has existed, defendants have hoped to avoid it. Once convicted, it is nearly impossible to avoid registration requirements under SORNA. Arguably, the best way to avoid registration is to hire a lawyer, fight your charges, and avoid a conviction. Under very specific circumstances, it might be possible for certain convicted defendants to avoid registration, but you should speak to an attorney to make sure. Certain elements of SORNA were recently found unconstitutional in Pennsylvania. What this means for registrants remains to be seen, but more defendants might avoid registration requirements in the future. If you are facing charges for sexual offenses, call our Pennsylvania sexual offense lawyers immediately at Young, Marr, Mallis & Associates at (215) 372-8667 for a free case review. Sex Offender Registration Requirements Under SORNA in Pennsylvania All convicted sex offenders are required to register under SORNA. Pennsylvania had registration requirements under Megan’s Law, enacted in 1995, and SORNA introduced federally mandated minimum requirements in 2012. SORNA is not the same as Megan’s Law. However, it does require states to enforce a harsher set of minimum registration standards and notification requirements. As of 2012, new federal registration requirements under SORNA were applied to all 50 states. In Pennsylvania, the new SORNA requirements were merged with the existing Megan’s Law. Now, in Pennsylvania, convicted sex offenders have different registration requirements based on a 3-tiered system. Tier 1 offenders must register as sex offenders for 15 years. Tier 2 offenders must register for 25 years. Tier 3 offenders must register for life. Exactly which tier a particular offender falls under is based on the crime for which they were convicted. Offenders convicted before 2012, when the new tier system was implemented, must register according to previous rules under Megan’s Law. Potentially Avoiding Registration as a Sex Offender in Pennsylvania Avoiding registration requirements after being convicted of a sexual offense would be incredibly difficult and unlikely. Under SORNA, all convicted sex offenders must register for 15 years, 25 years, or life. Even some juvenile offenders must register. Failure to register will result in very harsh criminal penalties, and you should not try to avoid registration requirements if the courts have imposed them. As discussed in more detail below, there have been major challenges to SORNA here in Pennsylvania. What this means for current and future registrants remains to be seen. Your best bet to avoid registration requirements is to avoid a conviction. Only certain crimes are eligible for registration. While the list of eligible offenses is quite long, you can avoid registration requirements if you can avoid a conviction for the eligible crimes you are charged with. For example, suppose a defendant is facing a total of 5 different charges, only 1 of which makes them eligible to register as a sex offender. In that case, they would only need to be found not guilty of the one eligible offense to avoid registration requirements. Your best bet is to speak with an experienced attorney who knows how to handle cases involving sexual offenses. Sex offenses are not met with much sympathy or understanding, and many defendants feel as if they have been convicted before they even get a trial. Our Pennsylvania sexual offense attorneys will stand up for you, protect your rights, and help you avoid a conviction that would lead to registration as a sex offender. People Who Might Not Have to Register as Sex Offenders Under SORNA in Pennsylvania In Commonwealth v Muniz, the Supreme Court of Pennsylvania ruled that the retroactivity of SORNA violated the state constitution. Originally, SORNA applied to all convicted offenders, even those convicted before SORNA took effect. Now, only those convicted after SORNA kicked in must register under SORNA. If convicted of certain offenses before December 20, 2012, you might be a 10-year registrant in Pennsylvania. This is part of the old registration requirements before SORNA. If your 10 years are up, you no longer must register, even if you would otherwise have to continue registering under current SORNA requirements. Challenges to SORNA Sex Offender Registration Requirements in Pennsylvania In the case of Commonwealth v. George Torsilieri, a judge in Chester County held that certain elements of SORNA are unconstitutional. The court held that SORNA imposes an irrebuttable presumption that convicted sex offenders will re-offend. The court went on to say that this presumption could not possibly be universally applicable to all convicted defendants. As such, many defendants who are unlikely to ever re-offend are treated as if reoffending is a certainty. This presumption ultimately sets up many defendants for extreme and unfair disadvantages that come with being a registered sex offender. The court next tackled SORNA’s punitive elements. Since being a registered sex offender is considered part of the defendant’s punishment, the law runs afoul of Constitutional requirements that punishments must be proportional to crimes. In short, people are often required to register for much longer than the maximum sentences allowed by law. The court also mentioned that SORNA does not comply with Constitutional protections against cruel and unusual punishment. Being a registered sex offender can affect a person’s ability to find work, housing, or just be a part of society. Humiliation and public ostracization seem to be inherent elements of SORNA. This is especially problematic for people who must register as sex offenders when the crime they were convicted of was only tenuously connected to sex or otherwise less severe. While the court in the Torsilieri case found many problems with SORNA, what this means going forward is unclear. As of now, SORNA registration requirements are still in effect. The issue may be decided by the Supreme Court of Pennsylvania. Until then, it is unlikely you will be able to avoid registration requirements. As such, you should speak to an attorney about any pending charges you have and how to avoid being convicted. Call Our Pennsylvania Sexual Offense Attorneys for Help Immediately Reach out to our Pennsylvania sexual offense attorneys at Young, Marr, Mallis & Associates by calling (215) 372-8667 for a free case review.