Archive for the ‘Credit Cards’ 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

 

My Grandmother is Immortal

Tuesday, August 30th, 2011

My Grandmother may in fact be immortal. The woman is 92 years old and is in great mental shape. She lives in the same apartment in Brooklyn for the past 30 years. She also basically pays the same rent she has for the past 30 years. Her expenses never change much and her SSI payments and Medicaid basically take care of everything. She’s got nothing to worry about financially. Forever. Because she’s immortal and will live forever. Ate fatty foods her entire life and smoked. My mother says “It’s because in Russia, everything was fresh.” I have no idea what that means.

The rest of us, to the best of my knowledge, are not immortal, and therefore we have to do some prudent financial planning going forward. Our life expectancies are going up. Our money has to stretch farther than ever. Which means we have to save more for retirement. Which means we have to put more money away now towards retirement. Which means we need to free up more money to put away but not paying for unnecessary expenses. Which means I have absolutely no idea whatsoever why you are paying credit card minimums when you are so neck deep in debt that you will never, ever, ever, be able to get out of it by doing the things you’re doing now. Like that buildup? It was OK. No big deal.

Heres my point: You have to assess your financial situation immediately and take steps to rectify it and put you back on the path you need to get on. If you’ve got a ton of credit card debt that you know you wont be able to pay off, and your sacrificing putting money aside because of it, then maybe you should stop. Or at least talk to a Bankruptcy Lawyer. Almost every single one of my clients, before they came to my office, thought that their debt was manageable. But how can you manage interest accruing at 30%. The Mafia doesnt charge that (there, um, is no mafia).

I’m not telling you to simply stop paying your bills and put money aside. Specifically if you’re not in over your head. But I am telling you that if you realize you’re only making minimum payments, then you have to have a conversation about what to do going forward. You can’t simply say “I was doing OK because I was paying minimums”. It would be weird if I owned a car and could only afford to put one gallon in at a time. Maybe thats telling me something. Maybe I shouldn’t own a car. Maybe I should figure out why I keep driving my car when I can only put in one gallon at a time.

Realistically speaking, you know when you’re in over your head. There is no magic formula. You just know. You might want to trick yourself into thinking if you just wait another year you’ll get that promotion or someone will give you money or your grandma will die and leave you the money in her will, but that likely wont happen. More importantly, thats another year of bad credit. Another year where you haven’t contributed to your IRA, 401k, your kids college fund. For what? For the sake of saying you’re paying minimums on cards you wont be able to pay off? Or making interest only mortgage payments on a house you know you can’t afford.

Its time to have a conversation with yourself. My grandmother may be immortal, but we are not. We’re going to need money to live on.

Gay Marriage and Gay Bankruptcy in New York

Monday, June 27th, 2011

First of all, while we’re typically never political here, and this may cost us some clients, let me just say that I’m absolutely delighted and proud that our legislators passed this landmark legislation in New York. I’ve had the honor and privilege of working with many gay and lesbian clients for both Chapter 7 Bankruptcies and Real Estate closings in New York, and I’m so very happy they finally have the long overdue opportunity to get married.

Since this past Friday, throngs of people have marched into my office and said “Daniel, now that we can legally get married, what in the world happens if we both file Bankruptcy?” That didnt happen. No one came by. I was in Newport, Rhode Island (great lobster roll). But they will. And the answer is, the field of Bankruptcy will likely get a bit more complicated now. They’ll be some questions in the coming months about the process, but heres what I imagine will happen. Before, if you were a gay couple that wanted to file Bankruptcy, you would simply list yourselves as roommates for purposes of the Means Test and whatever the partners contribution was to the household would be listed. Now, both gross incomes count. Shaking your head and asking yourself why you’re reading a Bankruptcy Blog on a Monday? Heres what I mean in simpler terms:

#1- Before Friday: Gay couple lives together. One partner wants to file Bankruptcy. Filers income counts towards the Means Test. We also then add in the monthly contribution and NOT the gross income of the other partner.
#2- Now (or after July 30th): Gay couples lives together and are married. One partner wants to file Bankruptcy. BOTH partners income now count towards the Means Test as opposed to simply (My partner contributes $700 for the rent and thats all the money Im putting down for the Means Test)

What implications does that have? Realistically it may mean that while you may have passed the means test before, you may not now if you do get married. KEEP THAT IN MIND if you’re deep in credit card debt. Same goes for assets, tax returns, etc. Its all going to be treated that same as if you were a heterosexual married couple for the purposes of Bankruptcy law. There will be tons of questions surrounding homes (if both partners purchased them prior) and cars. What I can tell you is that you should 100% speak to a Bankruptcy attorney prior to filing, given how much this will change things.

Again, congratulations to the thousands of New Yorkers that can now get married, and have wonderfully expensive weddings and homes with amazing decor (unless you’re planning to file for Bankruptcy, in which case lets keep the wedding simple.) We’re here to answer any questions you may have.

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