Wantland Law

Is your paycheck too small?

Well, I think everyone thinks their paycheck could be better. Sometimes, people see a significant portion of their wages lost to wage garnishment.

A typical Kentucky wage garnishment will take a fourth of a person’s bring home pay. That means if your paycheck is $400.00, after garnishment, it will be $300.00. Most folks I know would miss $100.00.

Filing a bankruptcy immediately issues a court order (the automatic stay) that cuts off wage garnishment. This week I had a client that was a single mother trying to get by on $10.00 an hour only to lose a ¼ of her check to a garnishment on an old care repo. She was so happy to hear that I would be able to start getting the garnishment released the second her petition was filed. An almost identical conversation happened today when I got a bank garnishment released.

You don’t have to suffer. Just because last week’s check was garnished doesn’t mean it has to be that way this week. It’s not too late. Call today. I will be working this weekend.

502-716-0000

Well, let’s not talk about bankruptcy for a minute…

A couple of weeks ago I got to represent a man in a disability trial. Disability is when a court sits to determine if someone no longer able to manage his affairs- in short, incompetent.

My client had his challenges. Despite all of that, it was the most rewarding thing I got to do for a while. I got to help a senior member of society with something important. We spent some time talking about his church, working on the L&N, and whatever came to mind. It was just fun.

His family had filed the case because he was beginning to slip a little. He was giving away money. Some people had tried to take advantage of him. In short, he was not able to manage his affairs. The whole thing, or a lot of it, could have been avoided with some basic estate planning.

A power of attorney and/or a basic trust would fix his issues related to his property. His will would take care of taking care of things after he was gone.

Going to court fixed most of the issues facing the family. Everyone was nervous and put out by the whole affair. Nonetheless, we got through it. A little planning would have prevented the whole thing.

If you have a relative that’s getting older, take time to talk about their wishes. Then, take some time to talk to someone about an estate plan. It’s good for the family and the senior member.

Another successful day in Court…

This week we went to the court date in the bankruptcy- it’s called a “meeting of creditors” or “341 meeting”. The hearing is fairly short and simple- if you are prepared.

First, you have to bring ID- a driver’s license will do. If not, a military ID, passport, or gun license will do. Also, you need your Social Security Card.

The questions are simple- we just have to prepare.

I like leaving bankruptcy court. Almost always- everyone is relieved, happy, and ready to move on. I like happy clients.

Ten reasons why bankruptcy is a not a bad idea…

With all the recent Ford layoffs, business closures, and other bad news coming out of the Louisville/Shepherdsville/Bullitt County job market, more and more folks are thinking about bankruptcy…

Here is why I think it’s a good idea for many of them…

10) It stops the phone from ringing.  Whether it’s credit cards or medical bills, if there is something bill collectors know how to do, it’s make the phone ring.  The automatic stay that occurs instantly when you file makes collectors stop calling. 

9)  Repossession- That repo man shows makes me laugh.  I don’t know which is scarier, the bad acting or that girl with all that stuff in her face.  Well, filing a BK puts a halt (albeit temporary) to the repo man.  (It does not fix that girl’s face- fyi).  A chapter 13 can let you get caught up on payments in the plan.  Often times, in a chapter 7, a creditor would really rather work it out that take back that old car of yours anyhow.

  Wage garnishments- kills ‘em dead.

7)  Speaking of lawsuits- bankruptcy can be used for all kinds of stuff.  Have a suspended license from a car wreck?  Bankruptcy fixes that. Personal guarantee on a business loan?  Bankruptcy fixes that.  Getting sued over some medical bills/credit cards/repossession?  You got it- bankruptcy fixes that.

6)  No one likes paying taxes- me included.  Well, if you are in a place to file bankruptcy, you may not have to pay them.  Older taxes can be completely eliminated.  Newer ones are put on hold and can even be repaid in a chapter 13 plan.  It’s sort of complicated- definitely would want a lawyer’s help on this one.

5)  My friends at the Bullitt County Child Support Office really don’t like people that don’t pay.  There is nothing funny about not paying child support.  I see people all the time that will pay old credit card bills before they pay child support.  Sort your priorities.  File BK- wipe out the credit cards and take care of your kids.  In a chapter 13 I can get child support in the plan as part of your overall debt reorganization.

4)  Yes you can “file on” medical bills.  I don’t care what Wanda from the office told you.  You can still get a chapter 7 if you qualify.  Your buddy at work heard about…blah blah blah.  You don’t “have to pay everything back”.  I’m sure your mother in law whose bunko buddies told her about… Stop getting legal advice from people that aren’t lawyers.  Come talk to us.  We don’t bite. 

3)  Foreclosure- I could write ten pages on bankruptcy and foreclosure.  If you are unfortunate enough to be in foreclosure- CALL ME.  I can keep you from owing money.  I can get rid of liens.  I can get rid of outrageous second mortgages.  Don’t wait on the Obama mortgage plan- the one we still have yet to see.  If anything, bankruptcy stalls foreclosure.  This will give you some time to live rent free.

2)  My smiling face- If you are thinking about bankruptcy, you get to visit ME!  Come on down!  Coffee, butter mints, and soda pop is on me.  We’ll sit, talk, look at your bills, and figure out your options.  The best part (besides getting to visit me) is all this is on the house.  Come on down- there just isn’t a good excuse for not finding out what you can do dig yourself out of this hole!

1)  Chances are, you can keep your stuff.  The bankruptcy trustee does not want your mortgaged house, 2001 Ford Explorer, old couch, or computer your kids broke last year.  In 95% of cases I file- Yes, you can keep your house if you file bankruptcy.  Yes, you can keep your car if you file bankruptcy.

Stop worrying.  Start calling.  I can help.