Daniel Gershburg » Social Security http://www.danielgershburg.com Legal Services - Personalized Attention - A Commitment to Excellence Fri, 13 Jan 2012 14:09:52 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Laid off, filing Bankruptcy in New York, and still rolling with the punches…. http://www.danielgershburg.com/blog/laid-off-filing-bankruptcy-in-new-york-and-still-rolling-with-the-punches/ http://www.danielgershburg.com/blog/laid-off-filing-bankruptcy-in-new-york-and-still-rolling-with-the-punches/#comments Tue, 15 Mar 2011 13:05:45 +0000 admin http://www.danielgershburg.com/?p=791 I just wanted to share this short blog because of how inspirational I have found some of my clients (always, but in particular the last few days). Prior to the “feared” Meeting of the Creditors, we always prepare our clients for the questions that will be asked. Sometimes we do the preparation on the phone, but if the clients schedule permits, we do it in person. First, it makes you the client, feel 100% more comfortable with actually going in and facing the questions of the Trustee. More importantly, its a relaxed way to get to know the concerns our clients have. Almost inevitably, we chat about life during the meeting. Its not intentional, but it always happens. The stories that I hear day in and day out is one of the reasons I know I will never turn into a jaded lawyer. As odd as it sounds, its cathartic both for the client….and for the attorney.

In the past few days I’ve been floored by the stories of financial issues my clients have expressed to me. I wont go into details but I will just say whoever thinks that people who file for Bankruptcy are quitters is completely incorrect. They are fighters. They had no desire to do this, yet they feel great because a debt burden has been lifted off of them. People working 3 or 4 jobs just to put some food on the table. People who have degrees (many of them advanced) and have been caught in one of the most tumultuous economic periods of our time. Each one of these individuals has clawed, has scraped by, has done everything they could do to financially survive. Some of the stories make you realize how lucky many of us are in comparison.

The most common statement I get in my office is: “I never thought I would end up filing Bankruptcy”. The most common question I get is “Do other people like ‘me’ file?” The answer is yes. Someone you know likely has filed. Theres no getting around it. And while it may not be your first resort (even though I argue that in the majority of cases it should be), it nevertheless feels good to know you don’t have to worry about all that debt anymore. It’s a hard, hard thing sometimes being an attorney. These clients that I have day in and day out remind me that its absolutely worth it.

]]> http://www.danielgershburg.com/blog/laid-off-filing-bankruptcy-in-new-york-and-still-rolling-with-the-punches/feed/ 0 Social Security & Bankruptcy http://www.danielgershburg.com/blog/social-security-bankruptcy/ http://www.danielgershburg.com/blog/social-security-bankruptcy/#comments Tue, 31 Mar 2009 13:43:58 +0000 admin http://www.danielgershburg.com/?p=347 Short post here as I wanted to address questions that I have been receiving from my clients.  If you file for Bankruptcy, your social security benefits are safe.  The trustee is not touching them, and they are exempt (in most instances) for purposes of income calculations.  In other words, you shouldn’t have any problems getting under the Means Test if you are living off of social security benefits (thats not to say your other assets are exempt-you need to discuss that with an attorney).  However, if you have reservations about the government check you’re receiving being taken if you file for Bankruptcy, then speak to a Bankruptcy attorney.  Many of my clients had large amounts of debt and were solely living off of social security.  These same people dealt with harassing collection calls, illegal garnishments and freezes until they sought advice.  You can do the same.

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