Pittman & Pittman Law OfficesPittman & Pittman Law Offices2024-02-19T22:18:49Zhttps://www.pittmanandpittman.com/feed/atom/WordPress/wp-content/uploads/sites/1403576/2022/08/cropped-pittman-site-icon-32x32.pngOn Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=487302024-02-19T22:18:49Z2024-02-19T22:18:49ZAsset exemptions will protect your essentials
A common concern about filing for Chapter 7 bankruptcy is the fear of losing things you’ve worked hard for. Bankruptcy laws allow various exemptions to protect essential assets from being liquidated to pay off creditors. These exemptions typically include necessities such as your primary residence, car up to a specific value, personal belongings and retirement accounts. The goal is to enable you to maintain a basic living standard, not strip you of your personal property. By carefully applying these exemptions, most filers can go through bankruptcy without losing any of their possessions.
The automatic stay offers immediate relief
The automatic stay is one of the most potent tools in Chapter 7 bankruptcy. It provides instant relief from creditors, stopping foreclosure processes, eviction actions, utility shutoffs and most collection efforts. This pause allows you to work on your bankruptcy case without external pressures. It's important to note that the automatic stay does have some exceptions, such as certain tax proceedings, child support actions and criminal cases, which can continue unaffected.
Ultimately, the primary benefit of Chapter 7 bankruptcy is its discharge of qualifying debts. After the bankruptcy process is complete, which typically takes about three to six months, your eligible unsecured debts will be wiped out.
Consulting with a legal representative who can let you know your rights and responsibilities may help you determine if Chapter 7 bankruptcy will benefit your current financial situation or if an alternative will be preferable for your circumstances.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=486972024-01-18T09:52:02Z2023-11-19T13:20:56ZPeople file when they need an automatic stay
The timeline for bankruptcy can go anywhere from a few months to more than five years. The average person struggling with sizable debts will wait as long as possible to file for bankruptcy. Most people would prefer to resolve the matter on their own without involving the courts. The decision to file is often forced on the person with debts due to actions by a creditor. Individuals and businesses owed money by someone will often engage in progressively more assertive collection efforts. They may start by sending letters and then begin making phone calls. That may progress to a lawsuit.
Successful creditor lawsuits can lead to foreclosure on homes, repossession of vehicles, garnishment of wages or liens against personal property. It will often be the threat of a lawsuit or the presentation of paperwork from a process server that pushes someone to file for bankruptcy.
A bankruptcy filing comes with the immediate protection of an automatic stay. The courts effectively prevent collection activity until someone has resolved their bankruptcy filing. An automatic stay can lead to the dismissal of pending lawsuits and can help someone hold on to collateral property when facing collection efforts related to secured debts. Even those who would prefer to avoid bankruptcy entirely often decide to file when they realize that creditors will take them to court.
The automatic stay is often only temporary. Some creditors can ask the courts to lift the stay. If the courts reject someone's bankruptcy filing, collection activity will resume shortly thereafter. Those who file and secure a discharge, however, will not have to worry about future collection efforts related to the debts discharged in their bankruptcy proceedings.
Learning about the different aspects of personal bankruptcy can help people recognize when it may be time to consider filing. Seeking legal guidance can be helpful in gaining clarity in this regard.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=486962024-01-18T09:52:08Z2023-08-18T02:35:07ZSome people do get approved quickly
The Social Security Administration (SSA) has special programs in place intended to help certain people connect with benefits more quickly. Fast Track processing and compassionate allowance programs can benefit those with particularly debilitating or potentially terminal conditions. Other applicants may need to wait several months to find out whether or not they receive benefits.
According to data provided by the SSA related to claims between 2010 and 2019, roughly 21% of applicants on average will get benefits when they initially submit paperwork. That is approximately one in five of the people who believe they need disability support. Those who do not get approved can then choose to appeal. An average of another 10% of applicants will get benefits during that appeals process. The final approval rate for SSDI benefits averages approximately 31%, which means that just under one in three applicants on average gets benefits.
What does this information mean for applicants?
The myth that no one gets approved at first should not deter someone from applying for SSDI benefits, as there is a small but noteworthy possibility that someone will receive immediate approval when they apply. Even those that do not qualify quickly still have a decent chance of obtaining approval during an appeal.
Understanding the likely outcome of an SSDI benefits claim may give people the motivation and patience necessary to pursue benefits after developing medical issues.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=486912024-01-18T09:52:13Z2023-05-08T17:12:24ZWhat is a power of attorney?
Many people have heard of a power of attorney, but they do not understand what it is and what it is used for. A power of attorney is a legal document where the signer, usually an elderly person or someone with diminished capacity to care for themselves, appoints someone to act on their legal behalf.
This appointed person is empowered to make decisions on behalf of the signer with regard to their assets and other legal decisions, however, they are not given power over their medical decisions. These documents can be blanket permissions that take effect as soon as it is signed, or it can be a springing power of attorney which only takes effect when certain conditions are met.
These can also be used by military service members deployed overseas, allowing their appointed person to make quick decisions for them while they are unavailable.
What is an advanced directive?
In a similar way to a power of attorney, an advanced directive is a legal document in which the signed appoints a person to be legally in charge of their medical decisions. This can include some additional restrictions as well for how the signed shall be cared for, such as refusing life support treatment or honoring a do not resuscitate request.
How these two documents work together
In most situations, the same person who is appointed for the power of attorney is also appointed in the advanced directive. This is ideal so that a single person is in charge of the signer’s care. You can have a secondary person appointed in case the first is unavailable, however, ideally only one person should be selected to make decisions at a time.
Some people want all of their children or family members involved or to not feel left out. However, when many people are appointed to make the decisions for the signer, that can lead to disputes among family members and prevent any decisions from being made.
Unless otherwise stated in the document, all appointed people would need to unanimously agree to any decisions for the signer. This can lead to situations where one person can veto decisions and prevent something that the rest of the family may want for the signer, such as a change in treatment or the sale of the family home.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=486822024-01-18T09:52:17Z2023-02-25T17:10:46ZSome people are exempt from language requirements
Technically, the United States Citizenship and Immigration Services (USCIS) does require English proficiency for someone to become a naturalized citizen. People have to pass an English test during their naturalization interview.
However, the organization will grant exemptions in two specific situations. Some people will qualify for a testing exemption or for specialized support based on their documented, disabling medical condition. Many others can potentially exempt themselves from English language testing requirements because they have lived in the country for years lawfully.
The older someone is and the longer they have stayed in the country, the better their chances of qualifying for an exemption. Someone who is over the age of 50 and who has been in the country for at least 20 years lawfully could potentially become a naturalized citizen without undergoing an English language test.
Adults who are at least 55 and who have been in the country for 15 years could also potentially bypass the English language test. Documentation affirming someone's legal status in the country and age will play an important role in the process of securing an exemption.
Others can get help while preparing
Needing to speak, read and write in English may intimidate some. Still, the USCIS provides study materials. Family members and neighbors can help older immigrants study to improve their chances of passing the English language test and the Civics test required during the naturalization interview.
Learning more about the United States immigration process will benefit those hoping to immigrate and those who want to help their family members enter or stay in the country. Don’t hesitate to seek legal assistance in the event that you have questions or could benefit from an experienced, helping hand.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=486802024-01-18T09:52:21Z2022-11-16T22:44:46ZChapter 12 is ideal for farmers
The land and equipment that you own aren't just valuable resources. They are how you support yourself and your family. The property may have been in your family for multiple generations, and it may be the legacy you intend to pass to your children someday. Your farm equipment may have large loans attached to it, but you recognize that you need those incredibly expensive machines to operate an efficient farm.
Chapter 12 bankruptcy allows you to protect your most valuable resources while working to restructure some of your debts. When successful, a Chapter 12 filing will eventually result in the discharge of some unsecured debt, including medical deaths and credit card balances.
Chapter 12 is a complex form of bankruptcy
There are some individuals who managed to successfully file Chapter 7 bankruptcy on their own, and even a few people who handle complicated Chapter 13 proceedings. While it may seem like a smart way to save a few dollars when you are already struggling financially, trying to file a complex form of bankruptcy without help could lead to failure.
The right support will help you regain control over your farm's finances and resources, making it well worth the investment. Especially when you consider what may be at risk if the courts reject your filing and deny your discharge, you may understand why getting help early in the process will be the best option as you seek to put your financial woes behind you. Filing for Chapter 12 bankruptcy can help farmers who want to continue their agricultural operations plan a path forward.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=485822024-01-18T09:52:26Z2022-08-17T21:41:49ZYou can reduce estate disputes
The first reason to have an estate plan is that disputes between your heirs are less likely if they have guidance from you. Many estate disputes happen when the heirs simply don’t know what their parents would’ve wanted, and none of them can agree. Creating an estate plan makes it very clear what goals you have. Even if your beneficiaries don’t like your decisions, they at least know that they are your decisions.
You can make medical decisions
Another reason to create an estate plan is that you can make your medical decisions in advance. You could use a medical power of attorney to choose an agent who can make those decisions in case you become incapacitated. You could also list out different things, such as care that you would like to receive or different treatments that you would like to avoid.
You can plan for your children
Parents who are doing their estate planning will want to use the documents to choose a guardian for their children. You may even want to choose a backup guardian in case something happens to the first choice. This way, you know that your children will always have someone to love them, care for them and raise them, even if something happens to you.
More than money
As you can see from these examples, estate planning goes far beyond money and distributing assets to different individuals. You can use numerous estate planning tools to create a positive future for your family. Be sure that you know about all of the steps you will need to take to do so.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=481062024-01-18T09:52:31Z2022-05-12T18:27:53ZChapter 13 bankruptcy is available to more people in more situations than Chapter 7 bankruptcy is. What are the big differences that separate a Chapter 7 filing from a Chapter 13 filing?
There is no need to pass a means test
To qualify for a Chapter 7 bankruptcy, you will have to perform a means test. You adjust your income to account for certain permissible expenses and then compare the adjusted figure with the median income for your household size.
Chapter 7 bankruptcy is only available to those whose current income is below the median for their household size in the state where they live, but a Chapter 13 bankruptcy is accessible even to those with higher levels of income.
You won't have to sell your property
In a Chapter 7 bankruptcy, the person filing must liquidate some of their assets. They have to report their assets and debts, and any property that they cannot exempt will be subject to liquidation to repay their creditors before discharge. Liquidation is not part of a Chapter 13 bankruptcy, so your assets won't be at risk.
You have to make structured payments
A Chapter 7 bankruptcy can lead to a discharge of your unsecured debts within a couple of months, but a Chapter 13 bankruptcy takes longer to complete. You will need to make at least three years of scheduled payments to your unsecured creditors before you can discharge the remaining amount owed on those debts.
It comes off your credit report faster
When you receive a discharge for a Chapter 7 bankruptcy, it will remain on your credit report for 10 years. A Chapter 13 bankruptcy comes off of your credit report after just seven years.
Understanding the differences between Chapter 7 and Chapter 13 personal bankruptcies can help you choose the type of filing that is best for your current circumstances. Reviewing your financial records and learning more about bankruptcy filings can help you regain control over your financial situation.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=480982024-01-18T09:52:35Z2022-02-16T20:47:07Z
You need to have a long-lasting medical condition
Even the most debilitating medical condition won't necessarily qualify for benefits if you can undergo treatment for it quickly. For someone to qualify for SSDI benefits, they need medical documentation affirming that their condition will persist for at least a year or the rest of their life. Terminal and chronic conditions lead to more straightforward claims than intermittent conditions or those that will eventually respond to treatment.
The condition must prevent you from working at all
For a condition to meet the SSA's definition of debilitating, it needs to either prevent you from working at all or make you dependent on someone else's help for the basic tasks of daily life, like getting to the bathroom. The only exception to this rule is for those with minimal education and a lengthy work history involving physically-demanding labor. Otherwise, if someone can work even the most basic job, they won't qualify for benefits.
They need to have worked for long enough
SSDI benefits are a reflection of the contributions someone has made to the SSA during their working life. You can earn credits based on your taxable income. The SSA will grant you up to four credits per year. Your age at the time that you make your claim and your recent work history will determine whether you have enough credits to qualify.
If you believe that you have worked for long enough, have a condition that is severe enough and will persist for long enough, you may want to consider applying for SSDI benefits.]]>On Behalf of Pittman & Pittman Law Offices, LLChttps://www.pittmanandpittman.com/?p=479122024-01-18T09:52:42Z2021-11-15T21:00:25ZAs someone in the country with a visa
If you are in the United States on a visa for work, you may be able to help your spouse and unmarried children under the age of 21 travel with you. They can apply for visas subordinate to your own that allow them to stay in the United States as long as you do.
As someone who is a permanent resident in the United States
When you obtain your Green Card, you have the right to stay in the United States. You can also help your family join you in the country, possibly including your parents.
Under the family preference visa program, you can help your spouse and children enter the country. Unmarried children under the age of 21 have the strongest rights. However, there are also family preference visas available for unmarried children over the age of 21 and married children as well. They just have lower preference than other, closer family relationships.
As a United States citizen
Whether you are a naturalized or natural-born citizen, you have many options for helping your family members in other countries. Both spouses and fiances can enter the country to be with a United States citizen.
Your parents and children can also potentially apply for visas or Green Cards based on their relationship with you. In fact, you may even be able to help your brothers and sisters enter the country.
Any family members hoping to benefit from your immigration status will have to pass background text and medical examinations just like any other immigration applicant. They will incur costs, and some people have to apply multiple years in a row before they achieve success because of the volume of applicants every year.
Learning more about family-based immigration could help you reconnect with your family.]]>