Much about bankruptcy law is counterintuitive and often misinterpreted. For example, the benefits of a bankruptcy filing, such as the improvement of credit scores, protection of assets, tax-free debt forgiveness, and the broad ability to qualify for Bankruptcy are often surprising to our clients. When a property is purchased through a Bankruptcy proceeding, it comes with a Federal Court Order declaring the property is free and clear of any liens, encumbrances, or other interests. It provides an added layer of title protection. The order ensures that no potential debts or interests existing before settlement could ever be enforced against the… read more »
*DISCLAIMER: This article is intended to share factual information and is not intended to reflect the author’s or CGA Law Firm’s stance or opinion on Student Loan Relief. This information is not intended to be a substitute for professional legal advice and does not create an attorney-client relationship. You should only accept legal advice from a licensed attorney with whom you have an attorney-client relationship. On Wednesday, August 24, 2022, President Biden announced another step in his student loan forgiveness plan wherein qualified borrowers will see $10,000 to $20,000 in student loan debt cancellation. Whether… read more »
There is something new and exciting in the world of Bankruptcy which gives small businesses in financial distress a chance to reorganize and continue operating, rather than shutting the doors. In 2019, the Small Business Reorganization Act (SBRA) was passed and went into effect in early 2020, with impeccable timing – just prior to the pandemic. Under the SBRA, Congress created a more affordable, less burdensome option under Chapter 11 of the Bankruptcy Code for small businesses called the Subchapter V Bankruptcy. Under a Subchapter V Bankruptcy, the small business Debtor, after presenting financial documents to the Court, can pay… read more »
The 30th Edition of YRK Magazine, which features two articles sponsored by CGA, spotlights Attorney Haley Rohrbaugh’s client Amanda Witmer. Witmer, the owner, stylist, and manager of Everyone Deserves Flowers, discusses her origins with Everyone Deserves Flowers, and her relationship with brides, the wedding industry, and getting her feet back under her following Covid-19’s disruptions. Read the article on attorney Haley Rohrbaugh’s client Everyone Deserves Flowers here. Everyone Deserves Flowers website.
COVID-19 Update: The CARES Act and Bankruptcy Last month, March of 2020, The CARES Act was passed in light of the impacts of COVID-19. Specifically, there were changes affecting Bankruptcies – both current and prospective cases. The CARES Act (the “Act”) excludes Coronavirus related payments from the definition of disposable income and the Bankruptcy Estate, i.e. the government stimulus check. Receiving the stimulus check within 6-months of filing a Chapter 7 Bankruptcy will therefore not disqualify a Debtor from filing a Bankruptcy under Chapter 7. While the Act does not explicitly state this applies to Chapter 13, most Trustees, even… read more »
Haven Act of 2019 In August of 2019, Congress rewarded our Veterans for their service by approving the “Honoring American Veterans in Extreme Need Act of 2019”, aka the “HAVEN Act”. The purpose of the Act is to exempt from the calculation of monthly income certain benefits paid by the Department of Veterans Affairs and the Department of Defense. The Act modified the definition of “Current Monthly Income” under the Bankruptcy Code to exclude VA benefits, in general. What does this mean for our clients? In Bankruptcy, there are certain factors considered for whether our individual, consumer clients qualify for… read more »
COVID-19 Update: POAs in Troubled Times On Tuesday, March 24, CGA’s estate attorneys participated in a Canon series teleconference, co-sponsored by our friends at ACNB Bank, outlining the very latest legal guidance on that most important of estate documents, the durable power of attorney (“POA”). The following are notes from that seminar. 1. Irreplaceable.A POA allows us to appoint a trusted person like a spouse, parent, child, or other family member to help and assist us with decisions if we are unable to take action on our own. There is really no substitute for a valid POA; without one, family members… read more »
Article by: Haley Rohrbaugh, Esquire A common misconception about Consumer Bankruptcy is that it devastates your credit. When I meet with potential clients for an initial consultation, most are surprised to find that a Bankruptcy filing will actually improve their credit score. Credit limit usage. Using more than 50% of allowed credit limits will negatively affect a consumer’s credit score. (For example, a credit card with a $1,000.00 credit limit holding a balance due of $500+ will cause credit scores to decrease); and Debt-to-income ratio. Having high levels of debt compared to household income will also decrease credit scores. However,… read more »