Follow the Money: Why Are Bankruptcy Filings Declining?

For Halloween this year, I'm dressing up as a Bankruptcy Attorney because everyone is very afraid to speak to me about taking a bold move in their life by filing for "Bankruptcy"  [Boo!] 

I noticed this odd trend.  Bankruptcy filings have declined so everyone should get excited about our nation's economic recovery right?  Even the folks over at Bankruptcy Law Network recently made this same observation in their article, Bankruptcy Filings Decrease: Why? Shelter, Food, and Necessities of Life.  They mentioned many factors, but the one that jumped out at me was credit card use.

Well, check this out, credit card delinquencies are on the rise according to CNN Money. I can see you all now, doing your very best to avoid the scary monster, BANKRUPTCY [Boo!]  This reminds me of the lovable furry old Grover in the Sesame Street Book, The Monster At the End of This Book. He did everything he could to convince us not to turn the page, but each time he did, nothing bad happened.

Have a look at one of my prior article about the warning signs you may need to file for bankruptcy and consider that if you're not currently on the road to saving for retirement because of what ever your story is, then consider it time to take the law on your side and make a bold move before you can't even afford to do it.  Any time you're paying money to creditors and sacrificing your well-being, you're putting yourself in financial slavery.  Stop the insanity!

The longer you wait to turn the page and get your fresh financial start, the more you'll have to sacrifice.  I can tell you that there is NO monster at the end of bankruptcy. In fact, I get rid of the Monsters [Creditors] from the moment your case is filed.

Am I Liable For My Spouse's Debts?

     Chances are the answer is going to be a YES. The relationship between married persons and creditors is separated by individual or joint debt. Individuals are personally liable for their debts and may be jointly liable with others for their debts. See Division 9 of the Code of Civil Procedure; CCP Section 680.010 et seq. An obligation may belong to an individual or to two or more individuals per CC Section 1429.

     Personal liability for the debt of your spouse is found in Part 3 of Division 4 of the Family Code Sections 900-1000. For spousal liability purposes, "debt" is defined as an obligation incurred by a married person before or during marriage, whether based on contract, tort or otherwise (Fam. Code Section 900). A spouse is personally liable for the debts of the spouse in only three circumstances: (1) the debt of one spouse is assigned to the other spouse in the context of divorce proceedings, (2) the spouse becomes personally liable under the necessaries doctrine, and (3) a surviving spouse has liability for the debts of their deceased spouse up to certain limits.

     In bankruptcy we view these debts in terms of individual and community debts and have some flexibility in whether we advise our clients to file an individual or joint bankruptcy when working with married couples. Remember that we cannot represent married couples when a conflict arises, so it's important to cooperate with your bankruptcy counsel and disclose everything to them, including whether or not you're contemplating divorce so that they can properly represent you in obtaining the fresh start that you deserve.

New meaning of "Free Will" For Bankruptcy Clients

    In recognition of National Estate Planning Awareness Week (October 17 – October 23, 2011), A & R Law Group will offer the preparation of a free will to every new bankruptcy client that retains Greifendorff Law Offices, PC in Garden Grove, California.
 

       According to the National Association of Estate Planners and Councils (NAEPC), estate planning is one of the most overlooked areas of personal financial management. It is estimated that over 120 million Americans do not have up-to-date estate plans to protect themselves and their families in the event of sickness, accidents, or untimely death. This costs people wasted dollars and hours of emotional hardship each year that can be minimized with proper advanced planning.

     Estate planning is a vital part of financial planning, despite how much money you have. Proper estate planning is the only way to control what happens to your assets, including assets that are passed down to your children, when you become disabled or die. Additionally, estate planning documents allow you to help guide the court in determining who you would prefer to act as guardian of your children if something were to happen to you. Why leave these important decisions to chance or let your loved ones argue in court about these matters? Estate planning saves money, emotional stress, and time for you and your loved ones.
 

In addition to the “free will” promotion, A & R Law Group is offering 50% off a simple will through November 30, 2011 to all clients. With these specials, basic estate planning is affordable for most everyone. 

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Disclaimer:  One free will per new bankruptcy retainer paid to Greifendorff Law Offices. This offer is specifically for a simple will and applies exclusively to new bankruptcy clients who retain and pay in full the amount of their bankruptcy retainer during this National Estate Planning Awareness Week (October 17-October 23, 2011). Offer expires October 24, 2011.
 

Benefits of Joining the CDCBAA

     If you're an attorney who decided to practice consumer bankruptcy law here in the Central District of California, then you absolutely MUST join the Central District Consumer Bankruptcy Attorney Association ("CDCBAA"). It is NOT just a matter of filling out forms, the petition being the forms to be completed are just the starting point. There are so many considerations to be made when representing consumer debtors in bankruptcy that every counsel needs guidance and direction from their established peers. Here are just some of the many benefits to joining this incredible grass-roots organization from their brochure:

1. A DIRECT OPPORTUNITY FOR PROFESSIONAL NETWORKING WITH YOUR PEERS: You'll have a free exchange of ideas common legal and business matters.

2. "Local Local" RULES AND PRACTICE TIPS: Get the inside scoop on what judges and trustees want at our meetings instead of learning the hard way.

3.  MENTORSHIP: Opportunities to get good advice on troublesome issues in tough cases; hone practice skills & avoid malpractice.

4. AN INCREDIBLY ACTIVE LIST-SERVE: email questions to the whole bankruptcy community online and get answers quickly--worth the price of admission.

5. MARKETING MUSCLE: Advertise your services on their website and link to your website for improved search engine ranking.

6.  MCLE UNITS OF REAL USE IN YOUR CONSUMER BANKRUPTCY PRACTICE: 16 MCLE hours each year (approximate) in 8 seminars on Saturday mornings--with judges, experts, and our awesome clerks.

7.  FREE ANNUAL AWARDS AND CELEBRATION DINNER: Rub elbows with your peers, the trustees & the Court. Included in membership dues.

8.  EARN ADDED CREDIBILITY WITH YOUR CLIENTS AND THE COURT: Put CDCBAA on your resume', website and promotional materials to increase your credibility.

     The members meet about eight Saturdays during the year to address changes in the Central District, statistics, judges preferences, local rules, and volunteer opportunities. After each member meeting there is usually a 2 hour MCLE topic of interest. Their list-serve is incredible and worth your membership alone, but the added MCLE programs and the awards dinner make for a great group of consumer bankruptcy practitioners that care about our field of law, the consumers and efficiency in our courts.

     Just remember this is very grass roots. Membership dues are based upon calendar year at $250.00 per attorney, so it's best to join in January to get the best bang for your dollars. I can tell you that within the last two years of my association with this group that they are willing to share their information, papers, wisdom and time for those that ask and are nice. Combined experience of the core group has got to be more than 1,000 years!

GLO, PC Announces Their Ribbon Cutting & Anniversary Celebration

GREIFENDORFF LAW OFFICES, PC just announced they're celebrating their First Anniversary by having a Huntington Beach Chamber of Commerce Ribbon Cutting gathering. Partners John Greifendorff and Christine Wilton have more than 14 years combined experience in the practice of consumer bankruptcy. 

The office is centrally located in the City of Garden Grove, which is convenient to Lakewood, Long Beach and Orange County areas. The firm provides services to consumers from pre-bankruptcy planning, Chapter 7, 11, and 13 cases, bankruptcy litigation, through discharge and rebuilding credit after bankruptcy. Their dedication to rebuilding the American Dream is centered upon every household having financial freedom from their debts.


The celebration is scheduled for October 19, 2011 from 5 p.m. to 7 p.m. at their office located in Building 8, 12646 Hoover Street, Garden Grove, CA 92841; just north of Garden Grove Blvd., west of Beach Blvd.

The firm is hosting a 50/50 raffle where I hear some great prizes await.  BBQ will be provided by fellow HB Chamber member Steiner's Original BBQ [the picture is of the founders of Steiner's BBQ, Jason and Kristen Steiner] I'll have to look into wine pairing because theirs a hosted wine bar too. A special musical guest will also being appearing.

As a business gathering, business cards are a must to bring for the networking opportunity. The firm's current vendors will be on hand and there are many partners that have helped along the way that the partners are grateful for all their support.  My personal Thank You goes out to the firm's clients who have placed their Trust in us; We appreciate the opportunity to serve You. I will be reporting back after the event to let you know the turnout. If you're in the area, come on by and introduce yourself.  You'll be glad you did.

Beauty and the Beast in Bankruptcy

     Once upon a time, in a faraway land, Beauty and the Beast got married in California; a community property state. Beast was a selfish, self-centered gambler who took a second mortgage on the couple's home to satisfy his addiction and lost more than $100k in Vegas one weekend. Now the couple can't pay their bills and they're considering bankruptcy.

     When one spouse wastes the assets and creates a debt that could be denied a discharge under 11 U.S.C. § 5423(a)(2), (a)(4), or (6), he/she may find protection in the discharge injunction. Listen, I don't make this stuff up. Just have a look at “The Devil Could Get a Discharge ... If He Were Married to Snow White!” by Marlene G. Weinstein. See applicable case, In re Kimmel 367 B.R. 174 (Bankr. N.D. Cal. 2007.

     What this boils down to is that as long as the couple remains married and the innocent spouse files bankruptcy on behalf of the "community," the discharge injunction of 11 U.S.C. § 524(a)(3), which protects the after-acquired community property of the Debtor from creditors, may also include a creditor of the Beastly spouse. A thorough review of Kimmel will assist your attorney in providing proper representation under these facts.

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