ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

ST

NCBJ 2022: Gradually, Then Suddenly. The Bankruptcy of Detroit

This program looked at the bankruptcy of the City of Detroit through the lens of a documentary filmmaker. I thought it was a clever way to look at one of the most consequential bankruptcies of our time through the eyes of someone who was not a bankruptcy lawyer or judge. While filmmaker Sam Katz is not part of the bankruptcy profession, he did have substantial experience in municipal finance, having served as Chair of the Fiscal Oversight Board in Philadelphia in the 1990s. It took him six years to make the film compared to the fourteen months that Detroit was in bankruptcy. I have included a link to a website about the film at the end.Much of the story of the City of Detroit focuses on the conflict between the Republican Gov. Snyder and the Democratic officials in Detroit. In 2010, the Michigan legislature passed an emergency management law allowing the State to  basically take over city.  In the view of the White Michigan, Detroit was a management problem and they could fix it. If the elected officials were unable to protect life, liberty and the pursuit of happiness, someone has to do it. When a house is burning, you don't say you didn't give me enough time. You have to react. When the state decided to use the emergency management law, the big issue was picking the right person. Kevyn Orr was a partner at Jones Day and was African-American. He asked why he would accept such a  difficult job. His wife told him it was  time to put up or shut up. He held the emergency manager job for 18 months. The statute assigned the emergency manager extraordinary powers. He could sell assets. throw the elected council and mayor out and reject contracts. It was a controversial position and he was widely hated. However, the City's problems could not be solved by the elected leaders. When you have to make hard choices, you are not going to make them because you want to get reelected. How are you going to do that and have a political career? The emergency manager didn't have that problem.Enter BankruptcyWhen Kevyn Orr used his powers to put Detroit into bankruptcy, Judge Steven Rhodes held a hearing on eligibility.  On the one hand, there was a sea of suits with their binders stacked up and media from the New York Times, Wall Street Journal, wire services and local media. Into the maelstrom, Judge Rhodes allowed ordinary citizens to come in and express themselves. It was hard for some people to accept just how bad the City's situation was. Every constituency screamed for 100% recovery. Protesters were chanting and protesting in the streets that paying even a dime to the banks was too much. Ordinary citizens gave their stories about how bad things were. One citizen testified that a body lay in street for five hours because of cutbacks in the coroner's office. Things were so bad in fire stations that they didn't have alarms. They would put a pop can on the fax machine to let them know when a call came in. Judge Rhodes concluded that the City of Detroit was eligible to be a debtor under chapter 9. The filmmaker said that he was not sure anyone had a sense what it was like to be in chapter 9.  FDR had suggested a system of municipal bankruptcy during the Great Depression. He turned to the Mayor of Detroit, Frank Murphy, to help him design the system. The Supreme Court found FDR's municipal bankruptcy law to be unconstitutional but it was later enacted as part of the Bankruptcy Code. However, Chapter 9 was not used that often. There had only been 230 or 240 chapter 9s, most of which were special purpose districts.  When Judge Rhodes allowed ordinary people to testify, Detroiters started to take notice. The Great ConflictAs I mentioned above, Detroit's problems posed a conflict between the White, Republican state government and the people of Detroit.  The idea that the Republicans would take over the city was unacceptable to citizens of Detroit. Gov. Snyder's support in Detroit went down from 8% to 4%. The filmmaker expressed his opinion that Gov. Snyder didn't have a political motive to hurt the Democrats in Detroit. Instead, he was afraid that the city would collapse and the state would be called upon to pay its debts. Michigan could not kick Detroit out of the State. If the city collapsed, Detroit's problems would become Michigan's problems. The State constitution said that pensions could not be impaired. As a result, Detroit's unfunded pension obligations of $3.5 billion could potentially become an obligation of the state. The Unfunded Pension LiabilitiesCould the pensions be touched? In bankruptcy, there are two types of creditors, secured and unsecured. The pensions were unsecured debts which made them a long way from sacrosanct. While the State Constitution promised that they could not be diminished or impaired, they were still just contract debts. There was a very strong emotional reaction to telling retirees that their pension rights might be impaired in the bankruptcy process. It was a classic case of kicking the can down the road. The union leadership had not been honest with its members. They learned that when you go into bankruptcy, your pension rights might not be protected. The actuaries had said that the unfunded liability was $1.5 billion. However, they had used a discount rate of 9%. When a more realistic discount rate of 6% was used, the unfunded balance went to $3.5 billion. The key variable was the discount rate. Art to the RescueThe thing that saved Detroit was that it owned an art museum. When formulating a plan, the options are to raise new revenue, borrow new money or find an asset to sell. Many years before, the wealthy citizens of Detroit decided that they needed a jewel of an art museum. Collections were donated to the City and other major works were bought with city funds. However, the museum asset raised the issue of how to evaluate 60,000 works of art in a matter of months.  There was a concern that the appraisers and investment bankers were coming in like Visigoths to take over museum.  In the end, the City decided that if Christie's wanted to appraise the collection, they could pay their 8 bucks and walk around with their note pads. There were two valuations: Christie's and the investment bankers that represented the insurance companies. Christie's said it was worth $500-800 million, while the investment bankers said it was worth $8 billion. The emergency manager figured out how much was needed to make the reorganization work and got an appraisal to support that number. The plan was based on raising funds to keep the art museum intact. Judge Rhodes later said he would never have approved sale of art.  The value of the art would have been discounted by quantity of art being dumped on the market so that keeping it intact made sense.There wasn't enough cash in the systems to plug the hole. The plan was to put the art in a trust and give the money to the pensioners. The City would need for the foundation community to kickstart the process.  In the end, the foundations came through and the State ended up matching the foundation grant. This was a great deal for the state. If the City had failed and the State had been forced to cover the unfunded pension liability under the State Constitution, it could have been liable for $3.5 billion. They ended up paying $169 million.There is a lot that I didn't cover in this summary. One facet I wanted to end with was that early on in the case, Judge Rhodes was presented with a compromise that would have gotten the City out of bankruptcy without solving its problems. He rejected it on the basis that there had been too many instances where the City had made deals which simply kicked the can down the road. In the view of the filmmaker, Judge Rhodes protected the interest of the unsecured creditors but also protected the citizens of the City.Take-AwaysMy takeaway from this film was being impressed with just how versatile the bankruptcy system can be. It took many decades of neglect for the City to be forced to file bankruptcy. Once it did file, it didn't fit the mold for a normal bankruptcy. In a typical bankruptcy, there are assets and cash flow which can be used to satisfy creditors and if that is not sufficient, the debtor can liquidate under chapter 7. However, a city cannot liquidate. There are people who live there who need city services in order to survive. The fact that the State could have been liable for the unfunded pension debt made the case a ticking time bomb for the White, Republican leadership. As judge, Steven Rhodes had to balance the interests of the bondholders, the pensioners and the city residents. By all accounts, many things went right. The Governor obtained the legislation to appoint an emergency manager who could take the drastic actions that city leaders could not. The emergency manager, Keyvn Orr turned out to be the right man for the job. The judge turned out to be a hero. "Old" Detroit represented by the foundations stepped in to save the art museum and fund the plan. It really is an amazing story of disaster averted through the hard work of the bankruptcy system.To see more about the film, click here.

MY

How Probate Laws Work In Arizona

How Probate Laws Work In Arizona What Are The Different Types Of Probate In AZ? Probate is the process by which a deceased person’s assets are transferred to their heirs. The deceased person’s will is examined by a probate registrar to determine whether it is legal and admissible in court. If it is not legal, Arizona’s state laws will control the process and the transfer of a deceased person’s estate will be handled in an extensive court process. Probate is a complex process that can take many months to finalize while requiring extensive paperwork and legal documentation, so it’s ideal to have your estate planning documents prepared before your passing to simplify the process for your heirs and survivors.  Working with a Mesa estate planning lawyer can help expedite and simplify the probate process and is the best way to prepare legally binding estate planning documentation in advance of your death. How Does Probate Work In Arizona? Filing With Probate Court Once a person dies, probate begins when an interested party, usually a relative or close friend, files the will – if the deceased had one – and a petition with the probate court. Most of the time, the court will appoint the executor of the will to be the personal representative, unless there is a legitimate reason why that person cannot or should not be appointed to fulfill that role. If the deceased did not have a will or the will does not name a personal representative, the probate court will rely on Arizona’s probate laws. State statutes list individuals who have priority for appointment as personal representatives. The surviving spouse will be the first choice, followed by other close family members. Determination Of Personal Representative The probate court must determine whether the will is valid and legally binding. If it is, the probate court will give letters of administration to the personal representative. These documents demonstrate the personal representative’s legal right to manage the estate, including distributions and payments. Personal Representative Fulfills the Will Once selected by the probate court, the personal representative will notify inheritors and creditors about the estate. Inheritors must be notified within 30 days of the person’s death. Creditors are notified via a local newspaper notice for three weeks as well as through the mail. Creditors who receive a notice through the mail have 60 days to make their claim against the estate. The personal representative will gather all of the estate’s assets. They have a responsibility to inventory, manage, and protect the estate’s assets until they can be appropriately distributed. Once creditors have been paid, the personal representative will distribute the remaining assets to the beneficiaries and inheritors of the estate. Finally, the personal representative files a petition to close the estate. The process of probate can be complicated and may feel overwhelming to grieving family members, especially if the deceased did not have estate planning documents prepared. Your Glendale estate planning lawyer can help survivors manage the estate and assist with the probate process. What Types Of Probate Does Arizona Recognize? There are three ways to probate an estate in Arizona: formal, informal, and supervised. Some properties and assets are exempt from probate while others must go through the process. Informal probate is the simplest form and is used when a legal will is not challenged. There will be minimal court supervision as a court representative administers the terms of the will. Formal probate is used to resolve legal issues, such as when the validity of a will is contested, there is disagreement over the personal representative, or there are conflicting interpretations of the will. Supervised probate is an extensive process in which the court oversees every aspect of the process. The personal representative must have probate court approval for each action he or she takes, including paying creditors or distributing assets. Supervised probate can be requested by anyone who has an interest in the estate and is most commonly used when an interested party or heir needs protection. Contact your Tempe estate planning attorney to learn more about which type of probate applies to your situation. What Are Some Exceptions To Probate? Some estates will not need to go through probate, while others qualify for simplified probate. Some types of assets automatically pass to an heir without any oversight from the probate court. Assets that are exempt from the probate court in Arizona include: Property held jointly: Real estate, homes, bank accounts, and other assets held in joint tenancy pass directly to the surviving owner. Living trust assets Payable-on-death (POD) bank accounts:: These accounts pass directly to the named beneficiary. Assets registered in transfer-on-death (TOD): These accounts, which can include homes, real estate, vehicles, and more, pass directly to the named beneficiary. Community property with a right of survivorship: Property transfers directly to the surviving spouse Contracts, such as life insurance policies and annuities Retirement accounts: If there is a named beneficiary, retirement account funds pass directly to that person. If you have questions about probate and want to prepare your estate to avoid probate, consult with an experienced  Mesa estate planning attorney. Receive Guidance Through Probate From An Experienced Estate Planning Attorney If you need guidance as you go through probate after the passing of a loved one, or want to prepare estate planning documents to ease the probate process for your survivors, consult with My AZ Lawyers. We are ready to walk you through the probate process, help you understand which documents you need, and ensure that everything is handled legally and professionally. Give yourself and your family peace of mind by planning your estate today! Schedule your free consultation with us to learn more about how we can serve you.   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 Probate Laws Work In Arizona appeared first on My AZ Lawyers.

YO

Can I Collect SSDI While on My Retirement Social Security?

If you’re a current disability benefit recipient and are near retirement age, your monthly payment may soon adopt a different name. Social Security Disability Insurance (SSDI) benefits and retirement benefits are paid consecutively, not simultaneously. You can’t get Social Security Disability Insurance benefits and retirement benefits at the same time. Retirement benefits are exclusively for those over retirement age, while SSDI benefits are for those under retirement age with qualifying medical conditions. That said, your SSDI benefits will automatically change to retirement benefits when you reach a certain age. Your monthly benefit should stay at the same amount, and you should be able to collect it on the same day of the month you collected your SSDI benefit. While you can’t collect SSDI benefits and retirement benefits simultaneously, you may be able to get other Social Security benefits alongside SSDI benefits. Our attorneys are dedicated to helping individuals understand the Social Security benefits available to them. For a free case evaluation with the disability lawyers at Young, Marr, Mallis & Associates, call today at (215) 515-2954 or (609) 557-3081. Can I Collect SSDI Benefits While Getting Social Security Retirement Benefits? Suppose you currently receive Social Security Disability Insurance benefits and are nearing retirement age. In that case, you may wonder if you can collect Social Security retirement benefits at the same time. It’s important to know how this process works so that you can collect the correct monthly benefit from the Social Security Administration (SSA). You cannot collect SSDI benefits and Social Security retirement benefits simultaneously. Social Security Disability Insurance benefits are designed to replace income for individuals with qualifying illnesses, injuries, or disabilities who can no longer work. Once you reach retirement age, you are not necessarily expected to work, which means your SSDI benefits will stop. However, you may be eligible for other Social Security retirement benefits on your age. In fact, the Social Security Administration should automatically convert your monthly SSDI benefits into retirement benefits when the time comes. This process should be seamless and require no action from you, the recipient. However, if there are issues during the transition from SSDI benefits to retirement benefits, call our disability lawyers. Our attorneys can ensure that the SSA has the necessary information to send you the monthly retirement benefits you deserve. Will My Monthly Checks Stay the Same When They Change from SSDI Benefits to Retirement Benefits? Though you can’t collect Social Security Disability Insurance benefits and retirement benefits simultaneously, you can receive them consecutively. Upon reaching retirement age, your SSDI benefits should change into retirement benefits. But will your monthly check from the Social Security Administration remain the same? Suppose you get your monthly SSDI benefit checks via direct deposit. In that case, you shouldn’t notice much difference when they change from SSDI checks to retirement checks. That’s because your monthly benefit from the SSA should remain the same, even when under a different name. This is good news for many SSDI benefit recipients, who won’t have to readjust their finances to account for decreased monthly payments from the SSA. While your monthly benefit should not change, processing errors on behalf of the SSA might result in slight differences. If this happens to you, contact our Bucks County disability lawyers immediately. Your monthly benefit shouldn’t change at all during the transition from Social Security Disability Insurance benefits to Social Security retirement benefits. Will I Collect Retirement Benefits on the Same Day I Collected SSDI Benefits? If you’ve been relying on Social Security Disability Insurance benefits to support you and your family for many years, you’ve likely gotten used to your payment schedule. Luckily, the day you collect your monthly check from the SSA won’t change when your benefits transition from SSDI benefits to retirement benefits. The Social Security Administration follows the same payment schedule for SSDI benefits and retirement benefits. That means the day you collect your monthly check from the SSA shouldn’t change when you reach retirement age. The following is the current payment schedule for disability and retirement benefits: Those born between the 1st and the 10th collect disability or retirement benefits on the second Wednesday of each month Those born between the 11th and the 20th collect disability or retirement benefits on the third Wednesday of each month Those born between the 21st and the 31st collect disability or retirement benefits on the fourth Wednesday of each month If you opt for direct deposit, your retirement benefit check will hit your bank account at the same time your monthly SSDI benefit check did, at midnight on your allotted day. This similar payment schedule can make the transition from SSDI benefits to retirement benefits easier for recipients. If, for some reason, you are no longer receiving your monthly check on the same day, inform our Philadelphia disability lawyers. Changes in payment days might present difficulties for Social Security benefit recipients. Can I Collect Multiple Social Security Benefits at the Same Time? Though you can’t collect Social Security Disability Insurance and retirement benefits simultaneously, you may be able to collect other Social Security benefits at the same time. Learning about your options is important, so you can get the monthly benefits you’re entitled to. Suppose you qualify for both Social Security Disability Insurance benefits and Supplemental Security Income (SSI) benefits. In that case, you may be able to get both simultaneously. This is known as receiving concurrent benefits. If you wish to collect concurrent benefits, consult our disability lawyers. To collect both SSDI benefits and SSI benefits at the same time, you have to meet certain criteria. While the eligibility for SSDI benefits is based on a recipient’s medical condition and work history, the eligibility for SSI benefits is needs-based. So, if your monthly SSDI benefit is too large, you may also not qualify for SSI benefits. However, only those who have worked many years or are eligible for SSDI benefits through a parent’s earning record may recover the maximum monthly benefit. So, if you don’t have an extensive work history and collect a smaller SSDI payment, you may also get SSI benefits at the same time. Call Our Lawyers About Your Social Security Benefits Today If you need to apply for Social Security benefits, our attorneys can help. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Associates, call today at (215) 515-2954 or (609) 557-3081.

SH

Does My Spouse Have To Pay My Student Loans If I Die?

 Many clients contact Shenwick & Associates and ask if they are liable for a spouse's debts, particularly student loans.  AOL has an article titled “  Does My Spouse Have To Pay My Student Loans If I Die?” which answers that question and others. The article can be found at https://www.aol.com/finance/does-spouse-pay-student-loans-143003556.html Jim Shenwick, Esq.   212 541 6224  [email protected]

ST

NCBJ 2022: The Role of the Bankruptcy Judge

 This panel asked the question, what is the role of the bankruptcy judge? To answer that question, they featured two retired judges, Judge Robert Drain from the Southern District of New York and Judge Harlan "Cooter" Hale from the Northern District of Texas along with sitting judges Erithe Smith from the Central District of California and Grace Robson from the Middle District of Florida. Rather than trying to recreate their panel, I will try to distill their presentation into a series of rules.1. Bankruptcy is a collective proceeding. It involves many more people than traditional litigation and bankruptcy judges have to spend more time managing the proceeding.2.    Bankruptcy is a problem solving court. In any case, there are a finite number of assets that can be distributed among the group of creditors. The bankruptcy court needs to be able to find a way to get the assets to the creditors before the case is consumed by administrative expenses. In unique cases like the City of Detroit, the bankruptcy court may be the only court equipped to solve a problem involving many different groups.3.    Bankruptcy courts exist to build consensus when they can and make decisions when they can't. There is an element of truth telling to being a bankruptcy judge. According to Judge Smith, "We can make lemonade, but it may not be a very big pitcher."4.    Bankruptcy courts deal with the human element. Bankruptcy judges deal with issues critical to ordinary people, such as whether someone gets to keep their house or car. That is not something that big firm practitioners experience on a regular basis but bankruptcy judges do.5.    Bankruptcy judges need to look out for the parties who may not be present at the beginning of a case. Especially when dealing with interim first day orders, the judge needs to realize that no everyone has had a chance to read the filings. Judges can control how much gets done how fast by adopting local rules and setting expectations.6.    Bankruptcy is the Emergency Room of the legal system. The first priority is to keep the patient alive until you can do more long term fixes. When the debtor comes in on the first deal, the goal is to allow the company to survive for another week or month so that more permanent solutions can be explored. 7.    Sometimes you can't go with the consensus. When someone is objecting, the judge needs to ask whether that person is really being hurt and does that outweigh the benefits of the consensus. Sometimes the Code gives definitive answers and sometimes it is more ambiguous. In the City of Detroit case, Judge Steven Rhodes was offered an early compromise where the people of Detroit were not in the room. It takes a lot of courage to go against the consensus.8.    Consent makes life easier. Issues can be waived. In Judge Hale's National Rifle Association case, there was a major problem with venue (and I said so in this blog). However, no one raised venue and the case stayed in Judge Hale's court by the tacit agreement of everyone involved.9.    Bankruptcy judges are given a vast amount of discretion. According to Judge Smith, the Bankruptcy Code is a beautiful document, but it can't address every issue. This means that much is left to the judge's interpretation.10.    Bankruptcy courts are courts of equity--sort of. While bankruptcy courts are referred to as courts of equity, they are still governed by the Bankruptcy Code. However, some provision so of the Code are flexible enough to allow lawyers to present creative solutions to comply with the letter and the spirit of the law. 11.    Judges have different styles when it comes to showing their views. Judge Drain said that as part of managing an entire case, he would let the parties know where he thought the case was going. He said that during the mortgage crisis he would ask lenders if they really wanted to foreclose when they had so many vacant properties. However, he acknowledged that what might not seem rational to him could make perfect economic sense to a lender. Judge Hale joked that sometimes confusion could be confused with a poker face. He said that while he was not an activist judge. even people with poker faces can signal to parties that there is something on your mind. When he wanted to send a message to the parties, he would have his law clerk send them an email encouraging them to address certain issues.Judge Smith said that you can have poker face but be screaming on the inside until someone makes a completely, utterly ridiculous argument. She said her law clerks could hear argument in chambers and instantly recognize that a case was not going well for a party.  She said that you can let them hang themselves. She added that it's learned behavior to just sit there and not show anything.12.    Exercising discretion is a skill judges develop over time. Judge Robson said that she felt very constrained at first. Judge Smith added that in her first years on the bench, she saw things pretty stringently but five years later, ten years later, they looked differently. The judges agreed that competing sales offers were an area where the judge could exercise discretion. Judge Robson said that if the offers were close, she would consider the option that saved jobs, but that she had to consider the interest of creditors first.  Judge Smith added that the highest offer might not be the one that is most likely to close.  13.    Sometimes the judge needs to insert himself into the process. Judge Hale gave the example of the NRA case where the parties were aggressively sparring. He said that sometimes the judge needs to say something to set the right tone.  Judge Robson that in dealing with a  pro party, she may ask questions if the debtor doesn't know what's relevant so she can try to get to the right result. Judge Smith said that she would ask questions if she wanted to clarify the testimony but she would never step in if one side forgot to ask an important question. Judge Drain said that if he thought a witness was lying, he might ask him questions because the witness might just be nervous.14.    Sometimes justice means an orderly process. Judge Drain said that justice is a loaded word. He quoted Judge Bonapfel as saying that our job is to stop people from killing each other. He said that people don't appreciate the role that an orderly process plays in ensuring justice, but that there are times in history when that has broken down and people start shooting each other because they want revenge.15.  The judge should not step in when the lawyers are mismatched. Judge Drain said that he won't weigh in unless one of the lawyers is being a real bully. He said I will not become the less effective lawyer's senior partner.  Judge Smith said that one lawyer is not making arguments that are obvious, it's hard not to say something but you don't want to put your thumb on the scale for the person that's dying in court.  Judge Smith said that you don't want to ask questions that are outcome determinative. She said that you spend your whole career as an advocate and then you go on the bench and you have to assume a different role.16.    Judges notice how lawyers behave. Judge Hale said that we hate lawyers who are bullies. If you are the better lawyer, don't be so proud of it that you are obnoxious. Judge Drain said that people want to get better and will do so if you have high expectations. He said that it is great to see a young lawyer catch on.  Judge Smith said that it is a pet peeve of hers when someone says a case is on all fours with a situation and then they can't tell her about the facts.17. The judge has a duty to look out for the party that is not there, to balance the need for speed with due process.  Judge Drain said that you have to ask always who's hurt by this particularly when its fast. He said that he had done one day prepackaged plans  when they just addressed one element of capital structure.  Judge Hale said that he  felt comfortable taking out pieces from a debtor in possession financing order presented on the first day of the case. He said that would consider putting them back in at the final hearing when all the parties have had a chance to consider them.18.    Even good judges have regrets--sometimes. Judge Drain said that he had learned to forget about a decision that he wrote almost immediately and not to get out of shape if he got reversed later on. However, the other judges gave examples of rulings they regretted.Judge Smith she regretted appointing a fee examiner in a case. She thought that it would simplify the process. However, there was so much animosity between the firms that there ended up being scorched earth attacks on the fee examiner and it ended up costing more to litigate the fee examiner's recommendations than the ultimate fee reductions made.Judge Hale said that a ruling he made denying a discharge has weighed on him for weighed on him for nineteen years. He said that the case was a learning experience and always regretted barring the  discharge.19.    Judges have experiences they remember fondly.  Judge Drain remembered a case involving a 1920s amusement park where he was able to get the parties to mediate. Judge Smith had a case where she  granted relief from the automatic stay which resulted in the debtor losing her home. About two days after the hearing,  she got a letter from debtor who said that she realized that she had no equity in the home but wanted to see how process worked. She said that she  was so mesmerized that she stayed for all the hearings. Judge Smith said that it reminded her of how important our job is. Judge Hale remembered the case of a hospital district in Quanah, Texas which had  filed chapter 9. The government officials rented a bus and brought in 50 people so they could participate in the hearing.  

YO

What is the Schedule for SSDI Payments in Pennsylvania?

As a future or current disability benefit recipient in Pennsylvania, it’s important to know the payment schedule. Knowing when and how you’ll receive your monthly check is crucial, to keep your finances in order while receiving disability benefits. In Pennsylvania, Social Security Disability Insurance (SSDI) recipients get their benefit checks from the Social Security Administration (SSA) on a monthly basis. The payment schedule for SSDI checks is staggered, and the day you get yours will most likely depend on the day of the month that you were born. In general, SSDI checks received via direct deposit will hit recipients’ bank accounts at midnight on the day of distribution in Pennsylvania. Delays might happen because of processing errors by the SSA or changes in a recipient’s bank account information. If your monthly SSDI check is late, contact our attorneys immediately. We’re here to help those with qualifying conditions get the SSDI benefits they deserve in Pennsylvania. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Associates, call today at (215) 515-2954. How Frequently Do SSDI Recipients in Pennsylvania Get Payments? If you’ve recently been approved for Social Security Disability Insurance benefits in Pennsylvania, it’s important to understand the payment schedule. In general, recipients can expect to get a check from the Social Security Administration on a monthly basis. Social Security Disability Insurance checks are sent to recipients in Pennsylvania each month that they remain eligible. Initially, it may be five months after you are approved for disability benefits until you start getting monthly payments in Pennsylvania. Each month you receive a check from the SSA for disability benefits, it will be for the previous month’s benefit. So, you will receive your January benefit in February, and so on. If you are, for some reason, not receiving your SSDI benefit check each month, inform our Philadelphia disability lawyers right away. As long as you are eligible to receive disability benefits in Pennsylvania, you should get them according to the SSA’s monthly payment schedule. This may be different from the payment schedule you were previously used to. If you relied on bi-weekly paychecks to support your family and are having difficulty with the transition to monthly disability checks, reach out to our attorneys for guidance. What Day of the Week Are SSDI Payments Deposited in Pennsylvania? Not all Social Security Disability Insurance benefit recipients get their benefit payments on the same day in Pennsylvania. The exact day of the month you receive your benefit check will most likely depend on the day you were born. The monthly SSDI benefit payment schedule is based on recipients’ birthdays. The following is the current payment schedule used by the Social Security Administration: Those born between the 1st and the 10th get their SSDI payments on the second Wednesday of the month Those born between the 11th and the 20th get their SSDI payments on the third Wednesday of the month Those born between the 21st and the 31st get their SSDI payments on the fourth Wednesday of the month If you get SSDI payments through a parent’s earning record, consult our Quakertown disability lawyers. The day you get your monthly SSDI payments will likely be based on your parent’s birthday, not your own. If you are entitled to back pay from the SSA, you will receive it within 60 days of your claim being approved in Pennsylvania. Back pay compensates individuals who had to wait several months for their SSDI claim to be approved. What Time of Day Are SSDI Payments Deposit in Pennsylvania? For many Social Security Disability Insurance benefit recipients, direct deposit is preferable to getting a physical check from the Social Security Administration. So, what time of day will your monthly benefit hit your bank account via direct deposit in Pennsylvania? Generally speaking, SSDI checks are deposited into recipients’ bank accounts at midnight on their allotted day of the month. So, suppose you receive SSDI benefits on the first Wednesday of every month. In that case, your check should be available in your bank account by the time the clock strikes twelve early Wednesday morning. If you get physical checks from the SSA, it’s a different story. While you should still receive your check in the mail by the correct day, you will have to deposit the check yourself. For recipients in Pennsylvania with certain illnesses, disabilities, or injuries, getting their monthly SSDI benefit checks deposited directly into their bank accounts may be easier than getting physical checks in the mail. Why Might My Disability Direct Deposit Be Late in Pennsylvania? Although direct deposit streamlines the process of sending Social Security Disability Insurance checks to recipients in Pennsylvania for the Social Security Administration, there might be a delay from time to time. Understanding the possible reasons for delays as an SSDI benefit recipient is important so that you know how to proceed. If you recently changed your bank account information and did not inform the SSA, your monthly SSDI benefit direct deposit might be late. Processing errors on behalf of the SSA might also result in a late direct deposit for SSDI benefit recipients in Pennsylvania. If he SSA recently reevaluated your case, certain issues might impact a direct deposit. Should that happen, reach out to our Pennsylvania disability lawyers right away. Delays may be more likely if you get a physical check for SSDI benefits in the mail each month. Social Security Disability Insurance recipients in Pennsylvania rely on consistent benefit checks to support themselves and their families. A delay, even a slight one, might impact your ability to pay your bills and might disrupt your finances. If a delay occurs, contact our attorneys. Our lawyers can reach out to representatives at the SSA to inquire about the delay and address any issues that might have caused it. Ask Our Lawyers About Getting SSDI Benefits in Pennsylvania If you need to apply for disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Springfield disability lawyers at Young, Marr, Mallis & Associates, call today at (215) 515-2954.

MY

How Living Together Affects Child Support Payments

How Living Together Affects Child Support Payments Who Pays Child Support In Joint Custody? In the majority of cases, child support payments are pretty straightforward. Most of the time, children will live primarily with one parent, who will need some kind of financial support to help care for the children. Therefore, the court will generally require the noncustodial parent to pay child support to help the custodial parent best care for the children. However, some cases are more complicated than others, which is why working with an experienced Arizona family law lawyer can be extremely beneficial. How Do Child Support Payments Work In Unusual Situations? Not every family situation fits into a neat box. There are always exceptions to be considered. For example, what if both parents are living together with their child(ren)? Who would then be required to pay child support? Often, the court will assume that the child will need support from whichever parent does not have primary custody. However, if the child is living with both parents, the court may not order support because it is assumed that the child will be adequately provided for as part of the household. In these types of cases, courts are generally not involved. If the child lives with both parents, there is generally no obligation to pay child support. However, your Arizona child custody attorney can help you work through your unique family situation and determine your legal options if you are in need of financial support from your child’s other parent. Paying Child Support When The Child Lives With Their Custodial Parent In rare circumstances, the court deems it necessary that one parent be ordered to provide support to the other parent who lives in the same home. Just because both parents are sharing the same house does not mean that they are both providing financial support to the household and care for the children. If the parents are not married, there are no legal property rights, which means that one parent may reside in the household but not have legal possession of anything in the home. In that kind of situation, the children may be negatively affected, and the court may get involved. Your Phoenix family law attorney will provide guidance and ensure that payments are as fair as possible.  What Proof Do I Need To Provide In Order To Receive Child Support? If the court discovers that one parent is not properly caring for the children in the household, the judge can order that they pay financial support to the other parent. Although parents are not obligated to support each other, they are legally obligated to care for their children. In a situation where one parent is not caring for the needs of the children, the court can become involved. This most frequently happens when one parent is responsible for all of the household expenses and the children, while the other parent keeps all of the money they make for himself or herself. It’s important to realize that these tend to be complicated circumstances. Although the court does not want to force parents to separate, separation is often inevitable in these types of circumstances. Requiring one parent to make financial payments to the other can sour the relationship further and lead to a separation, but ultimately, the court will consider what is in the best interest of the child. Considering Unusual Circumstances In Court Most of the time, courts will not become involved in child support orders when parents live together, because it is assumed that the child is being adequately cared for by both parents. But some family situations are more complicated, and both parents may not be providing for their children even if they are living together. If you are in this type of situation and need child support from your child’s other parent, contact a Arizona child support lawyer to discuss the circumstances. In order to receive child support payments, you’ll need to provide plenty of documentation to prove your allegations of neglect; your word is not enough for the court. You’ll need to provide financial records demonstrating that you have become your child’s sole financial provider and that the other parent is failing to care for the health, welfare, and financial needs of your children. Unfortunately, this can be extremely difficult to prove while living together, so seeking the counsel of an experienced Mesa family law attorney is crucial to promote the best possible outcome. Consult With An Experienced Family Law Attorney In Tucson If you are in a challenging domestic situation and wondering what legal options you have, consult with My AZ Lawyers. We have extensive experience in domestic disputes, child support, and family law. We work to ensure that your and your children’s welfare are the top priority throughout your case. Get in touch with us today to learn more about your legal options and receive guidance on how to move forward.   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 Living Together Affects Child Support Payments appeared first on My AZ Lawyers.

SH

Student loan debt: 9 million wrongly told they were approved for debt forgiveness

 kiro 7 is reporting that "Student loan debt: 9 million wrongly told they were approved for debt forgiveness" The article can be found athttps://lnkd.in/e9iAtkkV Jim Shenwick, Esq. 212 541 6224 [email protected]

SH

Biden administration asks the Supreme Court to take on another student-loan forgiveness lawsuit, saying the lower court blocking the debt relief 'profoundly erred

 Biden administration asks the Supreme Court to take on another student-loan forgiveness lawsuit, saying the lower court blocking the debt relief 'profoundly erred as reported by Yahoo at https://lnkd.in/egUmizFbJim Shenwick, Esq 212 541 6224 [email protected]

YO

At What Age Can You Get Disability Benefits in NJ?

If a recent diagnosis prevents you from working, you may be eligible for disability benefits in New Jersey. That said, generally only those of a certain age can qualify for disability benefits. The age at which each person can get disability benefits through their own earning record in New Jersey depends on how long they’ve been working. Suppose you wish to get Social Security Disability Insurance (SSDI) benefits through a parent’s earning record. In that case, you must be above 18 and have been diagnosed with a qualifying condition before turning 22. Age also plays a part in determining your benefit amount. Essentially, those who have worked longer and are older may get a larger monthly disability payment. When you reach retirement age, your monthly SSDI benefit will change and become a monthly retirement benefit. Our attorneys are here to help New Jersey residents better understand the disability benefits available to them. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Associates, call today at (609) 557-3081. At What Age Can I Get Disability Benefits in NJ? In New Jersey, part of the equation for determining eligibility for disability benefits is one’s earning record. Because of this, age and how many years you’ve worked can play a part in whether or not you can receive Social Security Disability Insurance benefits. Age may matter, whether you get disability benefits through or a parent’s earning record or your own. Through Your Own Earning Record Generally speaking, people qualify for disability benefits through their own earning record when they’ve earned about 40 work credits, or worked for about a decade. So, say you began working when you were 18. In that case, you may qualify for disability benefits through your earning record by the time you turn 30. Of course, this differs for everyone, depending on when they began working a job that removed Social Security taxes from their paychecks. Lapses in work experience might delay when you become eligible for SSDI benefits in New Jersey. If you’re unsure whether or not you qualify for SSDI benefits through your own earning record based on your age, ask our Mt. Holly, NJ disability lawyers for clarification. Through a Parent’s Earning Record Some people may qualify for SSDI benefits through a parent’s earning record. In this circumstance, the age you were when you were diagnosed with a qualifying disability, injury, or illness matters. To get disability benefits through a parent’s earning record, you must have been diagnosed with a qualifying condition before you turned 22. Adult disabled children must also be over the age of 18 to get disability benefits through a parent’s earning record. In addition to these age requirements, those diagnosed with a qualifying condition before age 22 must have a parent that would otherwise qualify for disability benefits. Call our attorneys if you were recently diagnosed with a condition that prevents you from working and are older than 22, but do not have an earning record that qualifies you for SSDI benefits. You may be eligible for other Social Security benefits in New Jersey. Will My Age Determine My Monthly Disability Benefit in NJ? In addition to helping determine eligibility for disability benefits in New Jersey, age can also influence the amount of your monthly SSDI benefit. More senior individuals who have worked longer may qualify for a higher monthly payment in New Jersey. In part, eligibility for disability benefits in New Jersey is based on one’s earning record. Each time you receive a paycheck from an employer, your employer is tasked with removing taxes for Social Security. This enables you to pay into the system, so to speak. The more paychecks you receive over the years, the more taxes are taken out, qualifying you for a greater benefit. Because of this, those who have worked decades and are near retirement age may receive a larger monthly Social Security Disability Insurance payment. Our Mount Laurel disability lawyers can help estimate your monthly SSDI benefit based on your age and the number of years you have worked. If you get disability payments through a parent’s earning record, your monthly benefit amount will be based on the years they’ve worked. So, the older your parent is, the bigger your monthly payment may be. At What Age Will I Stop Getting Disability Benefits in NJ? After recipients reach a certain age, SSDI benefits change. Your monthly payments won’t disappear altogether but will adopt a different title. Understanding this process is important so that you can continue getting Social Security benefits as you age in New Jersey. Social Security Disability Insurance benefits are designed to replace income for people in New Jersey who can no longer earn a sufficient income because of a qualifying disability, injury, or illness. But what happens when you are no longer of working age? When disability recipients reach what would be retirement age, their monthly payments won’t stop but will instead go by a different name. Your retirement age, or when your SSDI benefits will become retirement benefits, is based on the year you were born. Currently, the earliest a person can receive retirement benefits in New Jersey is 62. Our lawyers can help you determine what retirement age is for you and help you prepare for the changing of your benefits. Generally, recipients’ monthly benefit amounts remain the same once they change from SSDI benefits to retirement benefits in New Jersey. If your benefit reduces during this period, call our East Brunswick disability lawyers immediately. Although SSDI benefits should automatically convert to retirement benefits when you reach a certain age, our attorneys can help if you run into any issues. Call Our New Jersey Lawyers About Disability Benefits Today If you need help applying for disability benefits in New Jersey, reach out to our attorneys. For a free case evaluation with the Piscataway, NJ disability lawyers at Young, Marr, Mallis & Associates, call today at (609) 557-3081.