Most people understandably want to keep their personal financial difficulties, like any debt they may have, private. Unfortunately, if one of your creditors seeks wage garnishment in Pennsylvania, your employer is likely to find out. When your wages are subject to garnishment to satisfy debts to creditors in Pennsylvania, your employer will be informed. That said, their involvement is minimal and have the job of simply removing the necessary funds from your paychecks. Your employer cannot fire you for reasons related to your current financial situation after an initial wage garnishment order. The amount your employer withholds will be determined by the court and Pennsylvania’s limitations for wage garnishment. To make your paychecks complete again, you may have to file for bankruptcy, which can stop wage garnishment for the purposes of paying back certain debts. For a free and confidential case review with our Pennsylvania bankruptcy lawyers, call Young, Marr, Mallis & Associates today at (215) 372-8667. Will My Pennsylvania Employer Know About Wage Garnishments? If a creditor is granted a court order to garnish your wages to satisfy debts you owe, your employer will most likely find out. This is because an employer is responsible for withholding funds from a debtor’s payment for wage garnishment. In Pennsylvania, wage garnishment is a process through which creditors, people you owe money to, can collect payment for debts by taking a portion of your employment check. Depending on the specific parties involved, creditors may or may not have to get a court order to garnish your wages, meaning your paycheck might be lower than usual without you receiving much notice. Because wage garnishments occur before you get your paycheck, your employer will be informed. Your employer will withhold a certain portion of your paycheck and send those funds to the court to be sent to the necessary creditor. You might be exempt from wage garnishments in Pennsylvania, depending on your income. While our Philadelphia bankruptcy lawyers can prevent wage garnishments by filing a claim for exemption within 30 days of a creditor’s filing, your employer might already have been informed of your situation. Though you might be embarrassed by this development, your employer can’t take action against you right away. Although your employer will likely know about wage garnishments and be somewhat involved in the process, they can only terminate you on the basis of wage garnishments if you have more than one. How Much Can My Employer Withhold in Wage Garnishments in Pennsylvania? The amount of money your employer withholds from your paycheck for wage garnishments will depend on the type of debt you owe and Pennsylvania’s limitations. Employers can only withhold a certain amount from debtors’ paychecks and do not make any decisions regarding the matter themselves. Although employers might be somewhat involved in the wage garnishment process, their role is small. Think of them as the middlemen, not a party with much stake in the game. Of course, there are rare situations in which an employer might also be a creditor, making navigating wage garnishments a bit more difficult. Regardless, the amount your employer can withhold from your paycheck after being notified of an order for wage garnishments is not their decision. Moreover, wage garnishment is only permitted for debts due to alimony, child support, certain leases, restitution fees, student loans, and taxes in Pennsylvania. Upon getting your first check subjected to wage garnishments, confirm the amount withheld with our attorneys. Suppose too much has been withheld and it is affecting you financially, making you unable to pay other bills you might have. In that case, our lawyers can assess Pennsylvania’s wage garnishment percentages to ensure your case is being handled properly. Each type of debt is subject to a different wage garnishment percentage. For example, wage garnishment for owed debts due to leases is limited to 10% of an employee’s wages. Typically, wage garnishment for owed child support is higher, up to 60%. Your employer cannot and should not be instructed to withhold amounts that would put you below the poverty line. Can You Stop Your Employer from Garnishing Your Wages? If your employer has been instructed to garnish your wages by a court order in Pennsylvania, you can’t simply ask them to stop. Instead, you can file for bankruptcy to end wage garnishment and keep your employer out of your personal finances. You can stop wage garnishments for certain debts by filing for bankruptcy in Pennsylvania. It’s important to note that the automatic stay that comes with filing for bankruptcy won’t stop collection efforts from creditors regarding certain debts, like child support and alimony. However, other debts subject to wage garnishment can be more easily addressed. Immediately after our lawyers file your bankruptcy claim, wage garnishments for eligible debts will stop altogether. This means no more money will come from your weekly or monthly paychecks, removing your employer from the process. You first have to consider the type of bankruptcy that best suits your needs. If you have sufficient savings to repay creditors via a repayment plan, our attorneys can file for Chapter 13 bankruptcy and devise a schedule that satisfies creditors. For other debtors in Pennsylvania, Chapter 7 bankruptcy, also known as liquidation bankruptcy, may be preferable to address outstanding debts not satisfied with previously garnished wages. Apart from filing for bankruptcy, debtors can stop wage garnishments by paying off all of their debts. However, if this was a feasible option, debtors might have done this in the first place, leaving bankruptcy as the top solution for stopping wage garnishment by an employer. Call Our Pennsylvania Lawyers Today About Your Bankruptcy Case For a free case review with our Quakertown, PA bankruptcy lawyers, call Young, Marr, Mallis & Associates today at (215) 372-8667.

 The Motley Fool has an article on the repayment of SBA EIDL Loans. The article is titled "Took Out a Small Business Loan During the Pandemic? You May Need to Start Paying It Back"The article can be found at https://www.fool.com/the-ascent/small-business/articles/took-out-a-small-business-loan-during-the-pandemic-you-may-need-to-start-paying-it-back/Any clients with questions about the repayment of SBA or EIDL loans should contact Jim Shenwick, Esq.  [email protected]   917 363 3391"We held individuals & companies with too much debt!"

 IMCGRUP has an article on the "Differences Between Chapter 7 and Chapter 13 Bankruptcy. The article can be found at https://www.imcgrupo.com/difference-between-chapter-7-and-chapter-13-bankruptcy/Jim Shenwick, Esq.  [email protected]  917 363 3391 "We help people & monies with too much debt". Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15min

In most cases, creditors cannot try to collect a debt during or after bankruptcy in Pennsylvania. During bankruptcy, a stay may be put on these efforts from creditors. After bankruptcy, debts that have been discharged do not need to be paid, and creditors cannot harass you for payment. If an automatic stay takes effect after you file for bankruptcy in Pennsylvania, a creditor cannot try to collect payment for protected debts from you. A stay does not protect certain debts, like alimony and child support. Automatic stays are not guaranteed for all debtors depending on their bankruptcy filing history, and creditors might attempt to lift an automatic stay during bankruptcy. If dischargeable debts are erased during bankruptcy, creditors cannot contact you once the process is complete to request repayment, as you are not legally required to repay them. Reach out to our Pennsylvania bankruptcy lawyers by calling Young, Marr, Mallis & Associates at (215) 701-6519 to schedule a confidential and free case evaluation today. When Can’t a Creditor Try to Collect a Debt After You File for Bankruptcy in Pennsylvania? After a debtor files for bankruptcy in Pennsylvania, an automatic stay on debt collection will likely take effect immediately. This prevents creditors from harassing debtors for payment, alleviating debtors from that stressor while sorting out their financial matters. People in Pennsylvania might experience constant calls and communications from creditors demanding payments when dealing with debt. Not only can this be overwhelming, but it can also cause debtors additional stress and fear. Because this behavior is not conducive to repayment, it is typically forced to stop during bankruptcy. In many cases, filing for bankruptcy creates a pause on debt collection from creditors. This means that a creditor cannot contact you or make any collection efforts for certain debts while you are in bankruptcy in Pennsylvania. The stay will last for the duration of your bankruptcy as long as you meet the requirements of the process. All communications have to go through our West Chester, PA bankruptcy lawyers and the court, and creditors cannot try to collect payment from you personally during this time. A stay will stop only certain creditors from contacting you and cease any concerning attempts to collect debts, such as foreclosure and repossession of property. Knowing that an automatic stay will provide immediate relief is why many debtors file for bankruptcy in Pennsylvania instead of simply trying to repay creditors themselves. Are All Pennsylvania Bankruptcy Filers Protected from Attempts to Collect Debt from Creditors? Unfortunately, while a stay on collection efforts is available to most debtors in Pennsylvania, it is not available to all. This benefit typically applies to debtors without long histories of filing for bankruptcies. If you are not granted a stay, a creditor will not be prevented from trying to collect a debt while you are in bankruptcy in Pennsylvania. In some cases, creditors are still permitted to contact debtors during bankruptcy. An automatic stay is a privilege of sorts reserved for certain debtors. If you have priority debts, namely child support and alimony, those debts may not be protected by a stay. This means you might continue receiving calls or communications requesting that you pay amounts you owe for certain debts while you are under bankruptcy in Pennsylvania. In addition to not preventing debt collection on all types of debt, stays are not guaranteed for all types of debtors. If you have filed for bankruptcy several times in the past year, our attorneys might have to file a motion to grant a stay on debt collection, as one will not be given automatically. For debtors that have filed for bankruptcy twice in the past year, an automatic stay will go into effect but will only last for 30 days. In this case, we can file a motion to extend a stay so that you can continue benefiting from no contact from creditors while you are under bankruptcy. Can Creditors Motion to Relieve the Stay on Attempts to Collect Debt During Bankruptcy? Although bankruptcy provides a path to debt collection for creditors, some might be anxious to recover the amounts owed to them. In these cases, creditors might attempt to lift a stay, which might make bankruptcy more difficult for you. Creditors might motion the court to lift a stay. Should this happen, you might be back where you started, dealing with harassing communications from creditors while trying to get your finances in order through bankruptcy. Our attorneys can argue against a motion to lift a stay and demonstrate how doing so will not allow creditors to seek repayment sooner. Filing for bankruptcy is a process that, if interrupted by a lifted stay, might be disrupted and cause issues for both creditors and debtors alike in Pennsylvania. Certain creditors might be more or less likely to take this action. For example, car or mortgage lenders are typically the creditors that most often motion the court for this outcome. This means that if you are behind on mortgage or car payments, you might face a motion to relieve a stay while you are under bankruptcy in Pennsylvania. What if a Creditor Tries to Collect Discharged Debts After Bankruptcy in Pennsylvania? If you are eligible for an automatic stay while under bankruptcy, certain creditors cannot contact you in any way to try and collect debts. Should they, they might disrupt bankruptcy proceedings and delay their repayment. If a creditor contacts you in an attempt to repossess property or seek repayment while you are benefitting from a stay in Pennsylvania, inform the court. This action is prohibited, and our Upper Darby, Pa bankruptcy attorneys can take the necessary actions to help you regain property or seek damages from a lender that has violated a stay. During bankruptcy, certain debts may be discharged. This alleviates a debtor from paying back certain creditors previously owed amounts. Even being made aware of this, a creditor might attempt to contact you to collect a debt that has been discharged. Should this happen, you may be able to seek damages against the creditor, who might also face additional legal ramifications for contacting you for debt collection of debts discharged in bankruptcy. Contact Our Lawyers About Your Bankruptcy Case Today Call Young, Marr, Mallis & Associates at (215) 701-6519 to set up a free case evaluation with our Philadelphia bankruptcy lawyers today.

While very often the path to resolution of a dispute is circuitous, sometimes it is obvious and direct.  But all too often, those involved in the litigation cannot see it.  This is one way that a neutral can help. To illustrate how this arises outside of the dispute resolution context, let’s consider Jim Averbeck and Yasmeen Ismail’s One Word from Sophia. Sophia’s birthday is coming up.  She wants one thing for her birthday – a pet giraffe.  But she has four problems: her mother (a judge), her father (a businessman), her uncle (a politician), and her grandmama (who is very strict). As she approaches each of them, Sophia tries to frame her “ask” to appeal to each of their mindsets. Sophia presents her case to her mom, the judge, by arguing that giraffes meet or exceed the requirements of federal regulations for health, safety, and fuel consumption.  Her mom says no.  Among other things, she says Sophia’s argument was too verbose. Sophia presents her case to her dad, the businessman, explaining how they could turn a profit by selling giraffe manure.  Her dad says no.  Among other things, he says Sophia’s argument was too effusive. Sophia presents her case to her uncle, the politician.  But before going to him, she conducts an opinion poll of her stuffed animals.  The results show that four out of five respondents support getting the giraffe.  She adds a pie chart and graphs to prove her point.  Her uncle says no.  Among other things, he says Sophia’s argument was loquacious. Sophia presents her case to grandmama while giving her a foot rub.  Sophia starts to speak, but only manages to say “Giraf” when grandmama says no.  And tells her to get to the point next time. But Sophia is determined.  She takes to heart their feedback.  Too verbose, too effusive, too loquacious.  Get to the point.  She shortens her ask to just one word. She approaches all four at once and, with compelling eyes, Sophia speaks from her heart and says “Please.”  And on her birthday, her wish is granted.  She gets a giraffe.  After hugging her new giraffe, she offers up two more words “Thank you.” To her credit, Sophia was tenacious, hardworking, and creative.  But until the very end, she missed the obvious path forward. In some disputes, the parties are so absorbed in the fight that they miss even obvious opportunities for resolution.  But, as an outsider looking in, the mediator, a neutral party, may be able to help the parties find a path forward to resolution. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  As a parent, I have spent a gazillion hours reading books to my children.  Oftentimes, these books teach me new ways to approach conflict resolution.  In this case, Jim Averbeck and Yasmeen Ismail’s “One Word from Sophia” inspired this post. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. Mediator Insights - Don't Overlook the Obvious The post Mediator Insights: Don’t Overlook the Obvious appeared first on Sylvia Mayer Law.

In the world of dispute resolution and mediation, everyone has expectations.  Sometimes those expectations are basic or practical.  For example, parties expect to know when and where to be for the mediation.  Parties expect the mediator to address the process and ground rules for the mediation.  They expect to have an opportunity to explain their side of the dispute in the mediation. But some expectations are tactical and may be impractical.  Often, parties start a mediation focused on their “win.”  They may have come to mediation with the expectation that they could convince the other side to give them that win.  Or they may have come to mediation with the expectation that they could use the process to bully or coerce a favorable settlement from the other side.  Perhaps they came to the mediation with an expectation that they would not settle the dispute. Whatever their expectations may have been, an important part of mediation is helping parties leave their expectations at the door.  When they do so, they become receptive or open to new opportunities for resolution. To illustrate, let’s consider Mo Willem’s The Pigeon Will Ride the Roller Coaster! The pigeon is exuberant!  The pigeon is about to go on their first roller coaster ride.  The pigeon is practically and mentally prepared.  The pigeon has a ticket.  The pigeon knows there will be a long wait.  While waiting in the very long line, the pigeon goes through mental gymnastics imagining the loop-the-loops, the fear, the dizziness, and the thrill of it all.  The pigeon knows it could be scary.  Or glorious.  Or might make them nauseous. Finally, it is the pigeon’s turn.  Excitedly, the pigeon climbs into the roller coaster cart.  The cart begins to putt-putt around the track.  Putt-putt.  Putt-putt.  Putt-putt.  There are a few very small inclines and drops – bumps really along the track.  No loop-the-loop.  No scary parts.  For a moment, the pigeon is disappointed.  But then, the pigeon lets go of their expectations. At the end of the track, the roller coaster attendant asks the pigeon if they’d like to ride again.  And the pigeon responds exuberantly “You bet!” Once the pigeon let go of their expectations, they enjoyed the ride. There are many parallels between this story and mediation.  Mediation can be a roller coaster.  Mediation can involve long waits.  Mediation can be thrilling or scary depending on your circumstances and what is at stake.  But in the end, one thing that all mediations that end in a resolution have in common is that both parties, at some point in the process, left their expectations at the door. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  As a parent, I have spent a gazillion hours reading books to my children.  Oftentimes, these books teach me new ways to approach conflict resolution.  In this case, Mo Willems’ “The Pigeon will Ride the Roller Coaster!” inspired this post. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. Mediator Insights - Leave Your Expectations at the Door The post Mediator Insights: Leave Your Expectations at the Door appeared first on Sylvia Mayer Law.

Never underestimate the power of being present.  This is true in all interactions and particularly true in mediation.  In mediation, often the power of presence can unblock the pathway to resolution. To illustrate, let’s consider Cori Doerrfeld’s The Rabbit Listened. Taylor has a box of building blocks.  Taylor works hard and builds an amazing, special and expansive structure.  Then, whoosh, a flock of birds knocks it down.  Taylor is devastated. The chicken is the first to notice.  The chicken runs over and says let’s talk about it, but Taylor didn’t feel like talking. Next, the bear comes and says let’s shout and roar about it, but Taylor didn’t feel like it. Then the elephant comes and says let’s remember exactly how it was so we can rebuild it, but Taylor doesn’t want to remember. Others follow.  The hyena wants to laugh about it.  The ostrich wants to hide and pretend it didn’t happen.  The kangaroo wants to throw it all away.  The snake wants to knock down someone else’s structure. But Taylor didn’t want to do any of these things, so they all left.  And Taylor was alone. Then, very quietly, a rabbit came.  The rabbit didn’t say anything.  The rabbit sat next to Taylor.  The rabbit waited.  And waited.  They sat in silence. Then Taylor began to talk, then shout, then remember, then laugh, then work through all of the other suggestions.  The rabbit sat with Taylor the whole time. Then, having worked through all of these emotions and options, Taylor announced with excitement it was time to build again.  And it would be amazing. Do you know what the rabbit did to help Taylor move forward and find the path to resolution for Taylor’s problem? The rabbit was present.  Sometimes what we need most is for someone to simply be present while we process our emotions and our options.  Being present is often the key to unblocking pathways to resolution in mediation. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  As a parent, I have spent a gazillion hours reading books to my children.  Oftentimes, these books teach me new ways to approach conflict resolution.  In this case, Cori Doerrfeld’s “The Rabbit Listened” inspired this post. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. Mediator Insights - The Power of Presence The post Mediator Insights: The Power of Presence appeared first on Sylvia Mayer Law.

In mediation, it is important to pause and take the time to think. Think before you speak. Think before you react. Think before you respond. Think before you reject. Think before you decide. Use that time to think about your needs, instead of your wants. Use that time to think about a settlement’s intrinsic values, such as closure, ending the distraction and stress, and cost reduction. Think about the other side’s perspective and the strengths and weaknesses of their case, then candidly re-examine your own and your settlement options. Once you have taken the time to think, then engage. You may just find that you are on the path to resolution. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. MMM - Think The post Mayer Mediation Minute: Think appeared first on Sylvia Mayer Law.

Emotions can run high in mediation.  When that happens, the best solution is to breathe. Just breathe.  Breathe in.  Breathe out. Taking that moment to calm yourself can help you move forward in the mediation.  So, when you feel the emotions building, just breathe. Inhale.  Exhale.  Repeat. Take a breath before you speak. Take a breath before you react. Take a breath before you respond. Take a breath before you reject. Take a breath before you decide. This is true for the parties.  And their attorneys.  And the mediator. So, remember, when emotions run high, stop, breathe, and then enage. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. MMM - Breathe The post Mayer Mediation Minute: Breathe appeared first on Sylvia Mayer Law.

Candor is being open, honest, and frank. Candor is an important ingredient in mediation. Be candid when you have a pre-mediation call with the mediator. Be candid when weighing the strengths and weaknesses of your case. Be candid when you are exploring settlement options during the mediation. Candor is the best way you can help me, as mediator, help you in a mediation. Candor may just open up new pathways to resolution. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. MMM - Candor The post Mayer Mediation Minute: Candor appeared first on Sylvia Mayer Law.