SAME-SEX COUPLES CAN NOW FILE JOINT BANKRUPTCIES
October 28th, 2011Married couples can file a joint petition in bankruptcy for a single filing fee. Consolidation of cases for married couples saves administrative cost, attorney fees, and can promote domestic harmony. This benefit has, until recently, been denied by some courts for same sex married couples or couples with civil unions. The United States Department of Justice has announced that it would stop opposing same-sex bankruptcies if the couple is legally married. It is a branch of the Justice Department called the “US Trustee” that represents the administrative branch of government in all bankruptcy cases.
This change of policy comes as same-sex bankruptcies have been gaining traction in some districts. It can be seen as another indication the Obama administration will no longer defend the Defense of Marriage Act (DOMA). But what does that mean for same-sex couples looking to petition for bankruptcy jointly? A pre-DOMA bankruptcy case may be telling. In 1995, the Northern District of Georgia decided In re Allen, 186 B.R. 769. The Court in Allen sided against the same-sex couple on the grounds that they were trying to set a federal standard for “spouse” when Congress hadn’t intended there to be a federal standard, so the state definition is what controlled. In fact, the Court goes so far as to say “…if a state recognizes a legal marriage between a same sex couple, they would qualify for relief under § 302” of the Code.
With the Federal government no longer objecting, it appears as though married and civil union same-sex couples should be able to file for bankruptcy jointly in states that have allowed same-sex marriage or civil unions. Under the Full Faith and Credit Clause of the Constitution, the same is likely true even in states that do not allow same sex marriage. The future of DOMA, however, is less certain. A spokesman for Speaker of the House John Boehner (R-Ohio) stated that “bankruptcy cases are unlikely to provide the path to the Supreme Court, where we imagine the question of constitutionality will ultimately be decided.”
DOMA isn’t dead yet. It has many ardent supporters in positions of power. Others, equally ardent in their opposition, are attempting to overturn the law in Congress. While the law may one day be repealed or ruled as unconstitutional by the Supreme Court, it remains the law; albeit one that the current administration has chosen not to enforce. The opponents of same-sex marriage do not believe that bankruptcy court is an appropriate place to save DOMA. For now, file away, same-sex couples.
Georgette Miller JABANE recipient of the Barrister’s Award 2011
October 18th, 2011Dear Ms. Miller,
On behalf of the Board of Directors of the Jamaican American Bar Association, NE., it gives me great pleasure to inform you that you have been voted the recipient of the Jamaican American Bar Association, N. E. Barrister’s Award 2011.
This, JABA, NE’s most prestigious award, will be presented on Saturday November 19, 2011, at 8:00 pm at our second Annual Black Tie Awards and Scholarship Gala to be held at the Sheraton Hotel in Newark, New Jersey.
This award is presented to a Jamaican American Attorney who has demonstrated exemplary service and dedication in the field of law.
Attached to this letter is information regarding the event.
Congratulations again and we look forward to receiving acknowledgement of
your formal acceptance of this award. Please also include your bio and
headshot.
Your prompt attention is appreciated.
Respectfully,
Joan O. Pinnock, Esq.
President, JABANE
Our New Video
August 23rd, 2011Medical Bills Are The Leading Cause of Bankruptcy Filings
August 8th, 2011USA Today analysis of government statistics found that uninsured Americans leave hospitals with unpaid bills of up to $49 billion per year. Medical bills are the leading cause of bankruptcy filings in the United States, a Harvard University study found. According to Bloomberg Businessweek, 78 percent of the 2,314 bankruptcy filers in the study had more than $5,000 in medical bills, mortgaged their home to pay for the bills, or lost significant income because of an illness.
Georgette Miller & Associates knows the frustration that people have when a catastrophic medical emergency threatens to wipe out their savings account or sends them spiraling into uncontrollable sea of debt. Consult with one of our bankruptcy attorneys today to figure out how to salvage your financial future and move on from your medical nightmare. According to USA Today, on average, an uninsured family can pay only about 12 percent of their hospital bills and associated health care costs. Even if a family is insured, they still often find themselves on the hook for high medical bills resulting from out-of-network Doctor’s visits and exorbitant co-pays.
According to the American Bankruptcy Institute, more than 141,000 people in NY, NJ, PA and DE filed for bankruptcy last year. That’s over a two-fold increase from 2007, when about 70,000 people statewide filed for protection under bankruptcy laws.
It can be difficult to fend off calls from hospitals, specialists and other medical professionals when you’re trying to recover. A bad accident that wasn’t your fault or an unexpected medical emergency can leave you reeling in debt. But the good news is you don’t have to do it alone.
Whether you need to consider Chapter 7 bankruptcy or Chapter 13 bankruptcy, let Georgette Miller & Associates help you use the law to your advantage. Filing for bankruptcy may be an avenue to get rid of medical bill debt that you can’t seem to get away from.
What Should I Do to Re-establish Credit After Filing Bankruptcy?
July 5th, 2011First, request a copy of your credit report from all three credit bureaus and review each carefully to make sure you are truly getting a fresh start. Any creditor included in your bankruptcy petition should have a zero balance or state, “discharged in bankruptcy” next to the balance. There are often many errors on credit reports following a bankruptcy. If you find errors, dispute them with the credit bureau and they will be corrected. Once you have a clean slate, it’s time to start re-establishing your credit.
Credit Cards: Don’t be surprised when you get credit card offers, sometimes weeks after you get your bankruptcy discharge papers in the mail.
Unsecured: Post-bankruptcy unsecured credit cards normally carry higher fees than other cards, because the creditors are taking a risk on you. All they know about you is that you just wiped away a bunch of debt from companies just like them. They’re a little skittish, so for comfort, you pay for the privilege of starting over. This will show up in the form of: monthly charges, application fees, and, of course, higher interest rates. Use the cards as little as possible to avoid carrying balances on these high-interest accounts. Try to pay the balances off before the end of each billing cycle. Do this for six to twelve months and you will improve your credit score.
Secured: These are an excellent option to rebuild while avoiding the fees associated with unsecured cards. The downside to secured cards is that you have to put up a deposit equal to your credit limit at the time the account is opened.
Auto Loans: Unsecured installment loans are difficult to get immediately after bankruptcy; however, secured loans such as auto loans are relatively easy to get, provided you have sufficient income to budget and a down payment (usually 10 percent to 20 percent). The high dollar amount of auto loans makes them a perfect fit to re-establish after bankruptcy. Paying back a $10,000 loan will do more for your credit than timely payments on a small revolving balance, such as a credit card. Auto loans immediately after bankruptcy, like unsecured credit cards, can carry higher interest rates. Stick with an auto loan below your budget and pay extra principal every month to reduce the total interest.
Life after bankruptcy can be rough, but you aren’t alone. There are many people who have followed these steps and bounced back.
7 Tips to Help You to Modify Your Mortgage
June 13th, 2011Many homeowners are getting burned by reputable loan modification agencies and are being forced to file Chapter 13 bankruptcy to try and save their home from foreclosure. South Carolina attorney Dana Wilkinson gives seven tips to avoid this predicament when you are in the loan modification process in her recent article on BankruptcyLawNetwork.com. Here is a brief summary:
1. Keep a copy of EVERYTHING – Keep a separate file for any correspondence between you and your mortgage lender. If possible, keep notes of every conversation.
2. If it’s Not in Writing, Assume it isn’t True – Borrowers must have any important information regarding their loan modification, it MUST be in writing.
3. If it is in Writing, Assume they’ll Lose It – The most common problem borrowers have with mortgage modifications is lost paperwork. See tip #1!
4. If they Say to Stop Paying, you may need to pay anyway – Many loan modification programs don’t require you to default on your mortgage, some require you to be current on payments. If your lender suggests you stop paying, always keep the payment amount aside, plus late fees, just in case.
5. You may go into Foreclosure during the process. Don’t ignore it – If you are going into foreclosure, it is always important to speak to a bankruptcy or foreclosure defense attorney. Don’t wait until the last minute. Make sure you retain an attorney at the first sign of foreclosure.
6. If you hear “Foreclosure is Cancelled,” get it in writing – Remember tip #2, if it isn’t in writing, assume it isn’t true. The only way you can be absolutely sure that the foreclosure is cancelled is to get a letter stating this from your lender.
7. If you get a modification, make sure your new mortgage bill is the correct amount – If your mortgage bill arrives and the payment is not correct, make sure to bring this to the attention of the lender, IN WRITING! Keep complaining until it is fixed.
The one most important tip to take from this article is to get anything from your mortgage modification company in writing. And remember, even though you are in the process of getting a loan modification, it doesn’t mean it will succeed. You may still need to file Chapter 13 Bankruptcy to save your home or minimize the damage
Applying for a Job after Bankruptcy
May 20th, 2011Being unemployed after filing bankruptcy can be extremely frightening, as you don’t want to get back into the same situation that you recently got yourself out of. Bankruptcy is designed to be a fresh start, so it is your responsibility to make the best of it. Make sure not to second-guess your decision. You received protection from foreclosure, credit card debt help, and relief from harassing creditors and you did so for the future of you and your family. There isn’t anything to be ashamed of.
While Section 525(b) of the U.S. Bankruptcy Code prohibits discrimination against anyone solely on the basis of insolvency, employers still have the right to screen applicants before hiring them, and it can be extremely difficult for an applicant to prove discrimination. The employer’s concern is a reasonable one: Individuals working in financial, government, high security, or retail occupations are more at risk for embezzlement, bribery, fraud, or robbery if they have had previous financial issues.
So what can a job seeker do to counteract the effects of bankruptcy on employment opportunities? The best advice I can give is to inform interviewers regarding any discrepancies that might be found in credit reports or background checks before they discover them. The employer should appreciate your honesty and evaluate you for the skills you bring to the job. Approach a prospective employer with confidence, professionalism and a smile. Although it is the best practice to disclose your financial past to the interviewer, don’t let it define you or take over the entire conversation in the interview.
You want this job to continue to be financially responsible for yourself and your family. Any potential employer should recognize this and be able to keep the focus of the interview on the position at hand and not on your past. Make sure the spotlight is on your skill level, job history and ability to perform the tasks at hand. Paint a picture of past workplace successes and superior abilities. A positive attitude, along with a job-winning resume, go a long way in convincing a prospective employer that, despite your imperfect credit report, they have the right person for the job!
Are you currently in credit card debt, but are afraid to file bankruptcy because you think you may lose your job over it? Contact me today. I offer a free consultation to all new clients. We can discuss your individual financial situation and decide if filing bankruptcy is the right choice for you and your family.
Is Bankruptcy Failure or Good Financial Planning?
May 20th, 2011I can honestly say that not many of my clients have had a good financial plan. If they did, they wouldn’t be in my office speaking to a consumer bankruptcy lawyer. One common mistake is taking money out of 401k plans or IRA in order to pay off credit card debt. Retirement funds like 401ks and IRAs are 100% protected from both creditors and bankruptcy trustees. The only way that creditors can touch that money is if you voluntarily remove it from your account and give it to them. Many of my clients, prior to speaking with me, have taken money out of retirement and used it to make minimum payments. Now, they still owe more money than they can pay to creditors, and now they owe taxes, too.
Everyone should have a financial plan if they want to retire at some point. Even if your plan is as simple as saving a percentage of your salary, it is something. Anyone can open an IRA; it doesn’ I t need to be a company plan. Placing the bulk of your retirement funds into one of these accounts will be a good start to a protected future. There is no better time to start planning than now. Or, if you already have a plan, now is a good time to revamp your financial plan for the future.
I truly believe that bankruptcy is not financial failure. Instead, it is, very simply, financial planning for the future. Any client who has come see me, a Manhattan bankruptcy lawyer, was worried about their debts. I don’t want them to be worried about what they owe. I want them to protect what they have. The debts will always eventually get sorted out. Protecting assets is what they should really be focusing on. So, am I saying what you think I’m saying? Yes, I am. Protect your 401k and/or IRA and worry less about your debts. Why? Because if you know these assets are protected and your plan is to protect these assets at all costs, you will realize much sooner that it is in your best interest to file for bankruptcy protection. If something goes wrong, isn’t it better to know your options ahead of the game? That’s what I call financial planning!
Chapter 7 and Chapter 13 Bankruptcy Questions
April 8th, 2011I just filed for Chapter 7 or Chapter 13 bankruptcy, why did the bank send me 1099C?
As April 18 deadline approaches, people are reporting that they are receiving “1099 C” forms from their creditors/banks. This last parting “gift” is causing panic throughout the nation. Clients of Georgette Miller Law who just filed their Chapter 7 or Chapter 13 bankruptcy need not worry. Debt discharged through bankruptcy is NOT TAXABLE.
Q. I was told a 1099c form is income that I have to report on my taxes. How can it be that I have “made money” and have to pay income tax even though I just filed a Chapter 7 or Chapter 13 bankruptcy?
A. From the bank’s standpoint, it forgave your debt. Since you don’t owe them money any more and they can write off their loss, the Internal Revenue Service would ordinarily treat the bank’s loss as your gain i.e. income. The bank didn’t want to forgive your debt. They’d rather garnish your bank accounts or make robocalls causing you to lose sleep. You made the bank forgive your debt when you filed your Chapter 7 or Chapter 13 bankruptcy case. A great advantage to filing a Chapter 7 or Chapter 13 bankruptcy is that you almost certainly won’t owe any taxes on account of the 1099C. Here’s what you need to know:
Section 108 of the Internal Revenue Code protects you
You or your accountant will have to fill out a form IRS 982 along with your income tax return. Make sure you look at the February 2011 revision.
Information is available in 2009-37, 2009-36 I.R.B. 309 available with IRS Publication 908.
Cancellation of debt in connection with your residence should be excluded from income until 2012.
Not having to pay taxes – just one more benefit to filing a Chapter 7 or Chapter 13 bankruptcy
Philadelphia Tribune Nominates Georgette Miller
April 6th, 2011In this era of chaos and uncertainty, individuals and companies both large and small often turn to their attorneys for advice, counsel and as a voice for reason and stability. It is in recognition of this vital role that lawyers play in such challenging times The Philadelphia Tribune will introduce its list of top African-American lawyers in the tri-state area on Sunday, April 17th, 2011 edition of Tribune Magazine. This is a magazine and not a newspaper!!!
Philly’s Talented African American Attorneys have been selected by their peer group (Barristers and National Bar Association Women’s Division) and include individuals who are experts in their given fields, accomplished in their skills and proficient in their craft.
We are happy to inform you Bernard Lee and Dexter Hamilton have been selected with other elite attorneys in the Philadelphia region. Bernard Lee was selected in the practice area of Real Estate Law and Mr. Hamilton was selected in the practice area of Government Regulatory. Others selected in the area of Real Estate law were Georgette Miller and Cheryl Gaston. In the Government Regulatory others selected were Christopher Lewis of Blank Rome and A. Michael Pratt of Pepper Hamilton. They join other Top Attorney Selections as Joe Tucker (Tucker Law Group), Zane Memeger (US Attorney), Judith Harris and Larry Turner (Morgan Lewis), Bernard Smalley (Anapol, Schwartz) and Richard Harris of Obermayer Rebmann Maxwell & Hippel LLP to name a few.