Archive for the ‘Consumer Advocacy’ Category

Daniel Gershburg Esq., P.C. version 2.0

Monday, December 19th, 2011

For several weeks now, I thought about writing a Bankruptcy blog that dealt with holiday spending.  Specifically, the propensity of people to spend money they don’t have on their credit cards around this time of year and then be unable to pay for any of it in January.  But, realistically, been there done that.  Every Bankruptcy attorney in town does that and I think the advice isn’t necessarily earth shattering (stop spending money though, seriously). So, instead, before everyone goes off on vacation (like my associate), I wanted to take some time and discuss what I have planned for Daniel Gershburg, Esq., P.C. in the coming New Year.

A few months ago, we began to sit down and figure out what the direction of the Firm would be, moving forward, as we’ve grown since 2010.  And we began to realize a few things:

1. The area of Bankruptcy law is getting more crowded in New York City as more and more attorneys are coming into the practice and each website slowly begins to look almost identical to one another.

2. Many people were (are) coming to us and complaining about problems with receiving a loan modification even when their lender told them to stop making payments (thus ruining their credit). Now these same people face foreclosure in New York.

3. We like doing work for the most underprivileged in our New York City area but realized we could do more.

4. I like donating money to charity.

 

So, over the next year, here’s our plan:

While I’ve no doubt that you like reading the blog (except the emails I receive that say  ”I don’t like reading your blog.”) I overwhelmingly hear about how much you prefer our videos. So, we’re going to give you more of that.  In early 2012, we’ll roll out a video page that, I think, is unlike anything you’ve seen before on a law firm’s website.  As always, we’ll ensure that the videos are clear and understandable.  But we also realize there is not a “one size fits all” approach to either Bankruptcy or Real Estate, and so our videos will be more tailored to you.  Personalized.  They’ll answer questions directly.  Why?  Because there is so much out there on the internet, and the last thing you want is to research for hours and fail to find anything that address your particular situation.  In other words, I think we can do it in a different way that will be more easier, more direct, and more appealing for you.

Another issue we’ve identified is how many people across New York City have been victimized by their own lenders when it comes to loan modifications. I say victimized sincerely.  Client after client complains about listening to their own lenders advice on not making future payments, to their detriment.  We hope to change that.  In 2012, we’re going to substantially expand our presence in Foreclosure Defense in New York City.  It’s one thing if “Loan Mod USA “(fictional name) tricks someone into believing they can reduce their principal and payments.  It becomes quite another when the very bank that financed your home is telling you to take steps that hurt your credit score, and then foreclose on that home.  We hope to change that, and we believe we will. Look for a Gershburg Foreclosure Defense site in January 2012.

I’m perhaps most excited to address #3 and #4 above.  Ever since I established this practice five years ago, I believed it was imperative that I give back to the community in the form of Pro Bono work.  The reason?  I basically learned the practice of Bankruptcy through doing volunteer work at the Brooklyn Bar Association.  Each time I did a pro bono case I felt as if I was doing something good for the Brooklyn community.  Is it cliche and cheesy?  Maybe, but it was and continues to be, quite important for me.  Having said that, at the time of this blog, the Brooklyn Bar Association has 30 open Pro Bono Bankruptcy cases waiting to be filed.  I’ve called them and said that my firm would personally take on each one of them in 2012.  We hope to bring the open case load down to 0 by December of 2012.  Why?  Because it’s important for us and it’s the right thing to do.

This year, we’ve been able to donate money to the Wounded Warrior Project, an amazing organization that helps develop programs for  severely wounded  Vets come back home.  Also, in conjunction with the Street Academy for Financial Literacy and an absolutely amazing organization, Pencil.org, we’ve been able to bring Financial Literacy programs to a middle school in Brooklyn, and we are eager to expand this, with Pencil’s help, to several schools across Brooklyn in the coming year.  We’re teaching kids the value of a dollar and how to save it.  We’re teaching them about credit and debt and the relationship they have.  And we’re teaching kids good money habits that can transform their lives as they grow older.

In addition, the communities where our offices are located (one in TriBeCa and one in Sheepshead Bay) are incredibly important to me.  I’ve lived and worked in both areas and they are close to my heart.   In 2012, we ‘ve pledge to donate up to 10% of the profits of Daniel Gershburg, Esq., P.C. to various charities working in both areas (email us if you know of worthwhile charities in either community). Beyond that, we’re putting even more of an emphasis on doing volunteer work .  In fact, starting in 2012, our staff they will receive paid days off for doing volunteer work at the charity of their choice.

So, why am I telling you all of this?  First, because I think it’s time we did this.  I’m incredibly happy with our website, but it’s time we do something different…again.  I think that law firms and social media and tech are a great combination. In fact they’re so great that everyone is doing it. In fact so many people are doing it that you can’t tell the difference anymore.  Everyone is on Facebook and Twitter and LinkedIN and that’s fine. But this blog has never been here to scream “Look at us, we’re great!”; That’s unethical.  This blog and site were designed to serve a purpose, which was to make finding the information you need easier for you while you search at work.  We hope to do that with our new video page.  We hope to do that with our new Foreclosure Defense Page.  And, most importantly, we hope to do that by doing things you can’t possibly do online.  We hope to do our part in changing our communities.

I wish you the very best in this holiday season and the New Year.

-Daniel

 

Unemployment, Bankruptcy and a call for help

Friday, November 18th, 2011

The New York Times describes, in bitter detail, the plight of a Medical Billings Analyst who worked at St. Vincents for more than 20 years until she was recently laid off when St. Vincents filed for Bankruptcy.  The analyst, a young women who hasn’t had much success with men in her life, has to try and take care of two children on unemployment compensation of $350 or so…a week.  So, she’s cutting back on luxuries….like toothpaste.

If she had a large amount of debt, I could help her.  If she had any debt, I could help her.  I could file a Chapter 7 Bankruptcy in New York for her and I could make sure she wouldn’t have to pay any types of credit card bills anymore.  If she had past due medical bills I could easily get rid of those also.  But that’s it.  That’s the most infuriating part.  I could help her get rid of nasty credit collectors calling her, or idiotic law firms that dont follow protocol, freezing her bank accounts without notice.  But I can’t really get her paid, or on her feet.  I can’t really help her afford luxuries like toothpaste.

And before you accuse me of being a bleeding heart, understand that I am 100% for personal responsibility.  But more and more I’m seeing clients who are working and working and they can’t possibly make ends meet.  I have a client who works a night shift….and a day shift, and he can’t afford his rent and he has no family to move in with.  Another, who bought a house, was told not to make payments to get a loan mod, and now faces foreclosure.  There must be a way to help these people.

Which brings me to my next point, which is that you can’t just throw money at the problem.  I donate a specific percentage of my profits to various organizations in an attempt to give back.  In 2012, we will donate 12% of all profits to various local organizations.  Everything from education for children in Kenya, to the Wounded Warriors Project (which is an amazing charity, by the way.)  But it’s not enough to actually transform someones life.  Thus far, my firm has partnered with The Street Academy of Financial Literacy and Pencil.org to bring Financial Literacy lessons to kids across Brooklyn.  But again, I can and should do more.  Which is why I’d like your ideas this holiday season.  As we embark and yet another few weeks/months where we say thanks for all we have (even if our families are insane…yes, yours too), we should also reflect on meaningful ways of giving back.  If you’ve any ideas/thoughts/etc., on how my law firm can really make an impact in Brooklyn or Manhattan, feel free to email us.  It’s not just donations, though.  I’m looking for real, concrete ideas to help people like the woman who lost her job when St. Vincents closed down. Or anyone you know who is trying to make ends meet.  If we can implement them, we will…and immediately.

I look forward to hearing from you.

 

 

 

MF Global and the Cab Driver who drove me to Manhattan

Wednesday, November 9th, 2011

Last week, as most of you heard, MF Global, a major holding company for broker-dealers, ended up going belly up, with questions now being raised as to whether or not there was major fraud occuring.  Oh, also, the former Governor of New Jersey, Jon Corzine, headed the company.  $600 million dollars of client money is missing.  Thats….$600,000,000.00 dollars…that disappeared.  No one knows where it went, yet.  The sad state of our financial affairs.

Around the same date that MF Global filed for Bankruptcy protection, I took a cab from my Sheepshead Bay office to my Manhattan office.  I usually take the train, but that day, for one reason or another, I did not.  The driver picked me up in a beat up old Toyota 4Runner with horns on the grill.  That’s horns on the grill.  The conversation would change my perspective on things for some time to come.

The cab driver told me about working for a prominent law firm a few years back, only to be let go when the firm went belly up after some accusations of wrongdoing (happening more often these days).  He couldn’t find work in the legal sector because of his affiliation with his former employer, so he did anything he could to feed his family.  I mean anything.  He did construction work until the gas it cost him to get to his job in Connecticut ended up costing him almost as much as he was making for the day.  He worked in a pizzeria.  He sold trinkets on the street.  During that time his wife left him.  He told me that he never thought that would happen.  17 years of marriage down the drain once the money stopped coming in.  But then a funny thing happened.  I noticed he never once frowned or complained.  He took what life gave him, what this crisis gave him, and with it he shaped a new life.  He’s happy because his “scenery changes every day” while driving a cab.  He met someone new, with whom he fell in love; with whom he sells vitamins (yes, I’m serious) for extra money.  She treats him incredibly well, he told me.  And he misses none of the things he thought he would.

When the cab driver pulled up to my street, I asked him how much the cab fare was and typically when a driver doesn’t know he’ll call the dispatcher and ask.  But instead, said “I dont know. Whatever you think it typically is.”  I paid the man and thanked him.  I did so sincerely.

Somewhat dumbfounded, I stepped out of the cab and looked across the Financial District of Manhattan.  The area where bankers make money for themselves, and for New York City.  Where Occupy Wall Street, whether you agree with them or not, protests peacefully not two blocks from the epicenter of the financial world against companies and government allegedly run amok. And I thought of MF Global, and the millions of dollars missing from its books.  The countless lives likely harmed as a result.  And of a Governor who was painfully close to becoming the next Treasury Secretary.  I came to the realization that the storm is far from over.  The Country continues to balance precariously between a rebound and falling back into this deep recession that we can’t seem to lift ourselves out of.  But amongst all of this lost money and the realization that the security blankets that kept us safe at night were nothing more than a mirage (a hope or a dream), we still continue to persevere and move on and build new lives.  The very companies that were supposed to keep books and manage risk and ensure they were safe from implosion are the ones that are showing us that no one and nothing in this climate is immune.  That people who have gone broke have nothing to be ashamed of.   Understand that if you find yourself in the same position as this cab driver, or of any of your neighbors, that you’re not alone. In fact, you’re likely not the minority anymore.  The pillars that will support us as we rise again wont be companies like MF Global, but rather the hard workers that we are surrounded by every day.  The undefeated ones who refuse to accept the cards that have been dealt and instead make their own deck to play with.  This cab driver reminded me how difficult times are, and how much better they will ultimately be.  All of my clients, past, present, and future should take solace in that.

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