Interest rates continue to rise, and individuals and businesses grappling with substantial credit card and unsecured debt find themselves navigating treacherous financial waters. Traditionally, debt consolidation programs have offered an alternative to bankruptcy by combining multiple debts into a single, manageable payment. However, as interest rates reach unprecedented highs, the once-reliable lifeboat of debt consolidation is increasingly becoming a sinking ship. As an experienced bankruptcy attorney, I’m now witnessing a shift in the financial dynamics that make bankruptcy a more viable option for those drowning in debt. Here are a few reasons why bankruptcy continues to gain prominence over debt… read more »
Steer Clear: Avoid DUI and Financial Ruin this Holiday Season
Driving Under the Influence (DUI) not only jeopardizes your life and the lives and safety of others – it’s also a financial nightmare with ruinous consequences. Court fees, costs and restitution are higher than you might think – not to mention potentially enormous damages demanded by victims for property damage and personal injury. When you factor in the potential loss of your driver’s license or employment, the picture of financial devastation becomes very clear. As part of my bankruptcy practice, I help people get a fresh start from debt. Most of the time, these debts involve situations outside of my… read more »
Debunking Bankruptcy Myths: Separating Fact from Fiction
Bankruptcy is often surrounded by myths and misconceptions that cloud people’s understanding of this legal process. It is essential to separate fact from fiction to make informed decisions about financial matters. In this article, we aim to debunk the top five most common bankruptcy myths and provide accurate information to help individuals better understand the process. Fact: Bankruptcy laws include exemptions that protect certain assets from liquidation. These exemptions vary by jurisdiction but typically cover essential items such as your home, vehicle, clothing, and necessary household goods. Most individuals who file for bankruptcy can retain their essential assets while finding… read more »
Bankruptcy and Divorce: How Bankruptcy Can Simplify the Divorce Process
Divorce is often accompanied by emotional and financial turmoil, with disputes over debt being a common source of contention between spouses. However, in certain situations, filing for bankruptcy can alleviate the burden of debt-related conflicts and make the divorce process less contested and easier. This article explores how bankruptcy can simplify divorce cases by removing the need to fight over debt. 1. Debt Discharge: Filing for bankruptcy allows individuals to discharge or eliminate certain types of debt, depending on the bankruptcy chapter chosen (such as Chapter 7 or Chapter 13). Discharging debts can significantly impact a divorce case by eliminating… read more »
The Importance of Seeking Bankruptcy Counsel Early
By Attorney Brent C. Diefenderfer Seeking help from a bankruptcy attorney early in your financial struggles can significantly impact the outcome of your bankruptcy case. An early consultation allows for a more strategic approach to your bankruptcy filing by providing ample time to plan and prepare. Here are a few examples highlighting the benefits of early assistance: 1. Preserving Assets and Maximizing Exemptions: When you consult a bankruptcy attorney in advance, they can guide you on protecting your assets within the confines of bankruptcy laws. By strategically planning asset transfers and utilizing exemptions, you can safeguard your property while obtaining… read more »
Are Defamation Damages Dischargeable in Bankruptcy?
The jury issued its verdict yesterday in the Virginia defamation lawsuit between Johnny Depp and his ex-wife Amber Heard. After three weeks of trial, the jury concluded that Ms. Heard’s statements were defamatory. Yesterday’s verdict has left many people asking whether damages awarded in a defamation case are dischargeable in bankruptcy. Ordinarily, when a person files bankruptcy and receives a discharge, this means that the bankrupt party’s debts are eliminated and do not need to be repaid. Dischargeability depends upon what else the jury concludes. The Bankruptcy Code says that debts based on liability “for willful and malicious injury by… read more »
What to Know About Bankruptcy
Join York County Economic Alliance and CGA Law Firm for a Leadership Webinar on bankruptcy. CGA Law Firm’s experienced Bankruptcy Attorneys Larry Young and Brent Diefenderfer provide an overview on bankruptcy law and procedures for a business or an individual considering a filing. Please follow the link below to access the webinar on Business Bankruptcy. Please follow the link below to access the webinar on Personal Bankruptcy. To learn more about Bankruptcy and Debt Restructuring, visit our website. AttorneyBrent C. Diefenderfer is a shareholder with CGA Law Firm. Brent is a board certified Consumer Bankruptcy Specialist by the American Board of Certification and is one of only… read more »
COVID-19 Update: Executive Order Extending Eviction and Foreclosure Protections
Yesterday, Governor Wolf signed a new executive order extending eviction and foreclosure protections for homeowners and renters through August 31, 2020. The executive order must be read carefully because it does not provide protection in all cases. The Governor’s executive order precludes the initiation of new mortgage foreclosure action – however, it does not protect homes which had already been scheduled for sheriff sale or if the lender has already commenced the mortgage foreclosure process. Evictions are suspended for non-payment of rent or for “holding over” after the term of the lease has expired – but evictions for violations of other… read more »
York County Judicial Tax Sale
Article by: Brent C. Diefenderfer The York County Tax Claim Bureau has published notice that the Judicial Sale will take place on June 20, 2013 at 9:00 a.m. If your property is on this list, it is important for you to understand that if you do nothing before the sale, that you will likely lose your property. The Judicial sale is distinguishable from the “Tax Upset Sale” that occurs in the fall every year because at the judicial sale, properties are sold “free and clear” of mortgages and other encumbrances. The properties are sold in order that the County’s municipal… read more »
Underwater Homeowners… Get A Life Raft
Article by: Brent C. Diefenderfer The travails of the housing market in recent years are well documented. The prevalent symbols of this downturn are the “underwater” homeowners, who owe more on their mortgages than their homes are worth. About 4.6 million such homeowners have mortgages backed by Fannie Mae or Freddie Mac, and fully 80% of those owners haven’t missed any mortgage payments. One way out of the predicament of the underwater owner is the short sale, in which the owner sells the home for less than the balance remaining on the mortgage. It is not a perfect solution that… read more »