Kelly Bankruptcy

Bankruptcy Podcast

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March 16, 2022 00:02:59
Borrowing to avoid bankruptcy

Borrowing to avoid bankruptcy

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July 25, 2021 00:08:08
Rising Home Prices cause Problems for People Who need Bankruptcy

Rising Home Prices cause Problems for People Who need Bankruptcy

Transcript: Jeff Kelly: Hello, this is Jeff Kelly and in today’s episode I want to talk about how rising home prices cause bankruptcy problems. How in the world could rise any equity in real estate cause financial problems for a homeowner? I know that sounds super strange, but I’m going to go on to explain how it’s happening. Jeff Kelly: I have been practicing consumer bankruptcy for over 22 years, and I’ve never seen a real estate market like the one that is currently roaring. You would think that rising Home Equity would be good for all owners. But that is not the case for families who are in need of getting relief from credit card and medical debt that has accrued because of COVID related unemployment. How can rising home value stop people from filing bankruptcy? Jeff Kelly: In Georgia, the most equity that a married couple can protect is $43,000. A single person can protect only 21,500. So what happens if you need to file bankruptcy? But you have equity that is way over the limits? The answer to this question is the same as the answer to most legal questions. It depends, depends on what? it depends on the exact amount of equity. When a family has slightly more equity than the exempted limits, they usually won’t present a significant problem in bankruptcy. Because you have to factor in real estate transaction cost if the trustee were to move to sell the house in question. You know, in most cases, you can count on 10% of the purchase price is going to go to real estate ...

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March 25, 2021 00:30:00
Patent Attorney Interview with JD Houvener

Patent Attorney Interview with JD Houvener

Transcript: Intro Speaker: It’s time for KellyCanHelp hosted by Jeff Kelly, Attorney at Law with the Law office of Jeffrey B. Kelly. And now here’s Jeff Kelly. Jeff Kelly: Okay. Welcome to the show today. Thank you, Mr. JD Houvener really appreciate you being here. I’m looking forward to talking to you about patents and helping my my listeners and former clients learn all about it. So JD, could you tell us a little bit about yourself? JD Houvener: Absolutely. Yeah. And, Jeff, thank you for having me on the show. This is a it’s a pleasure. I’m a patent attorney, and I’m the owner here at Bold Patents Law Firm. We’re based out of Mountlake Terrace, which is just north of Seattle, Washington. And we help inventors get patents, we were pretty passionate about working with solo and small inventors, small businesses that is, and really, without regard to any kind of technology. So you name it from your, as seen on TV type gadgets, you know, to high powered software apps, were really kind of across the board. Jeff Kelly: Excellent, excellent. So how many years have you been in practice? JD Houvener: Just over five years. Jeff Kelly: Okay, where’d you go to law school, JD Houvener: went to Seattle, you just right here in South Seattle, and went ahead and got my MBA as well from there is great institution. Jeff Kelly: Excellent. How about your undergrad? JD Houvener: University, Washington, graduated with an industrial engineering degree from there and kind of a funny story you got went off and chase that engineering dream for a bit, I worked for 10 ...

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March 19, 2021 00:25:21
Don Golden Week Six

Don Golden Week Six

Transcript: Intro Speaker: It’s time for KellyCanHelp hosted by Jeff Kelly, Attorney at Law with the law office of Jeffrey B. Kelly. And now here’s Jeff Kelly. Jeff Kelly: Okay, ladies and gentlemen, welcome to the show today. Today’s guest is Mr. Don Golden. He is a bankruptcy attorney from Tampa, Florida. And he’s got a company called Fresh Start for Life. And it’s something that we actually offer to all of my clients. And so I am looking forward to talking here with Don and hearing more about fresh start for life. Don, welcome to the show. Don Golden: Thanks for having me, Jeff. Jeff Kelly: You’re welcome. So tell us a little about yourself. How long have you lived in Tampa? Don Golden: So I moved here in 1997. I moved here right after I graduated from law school. So it’s been 23 years I’ve lived here Jeff Kelly: 23 years you’ve been in practice? Don Golden: No. Well, yeah. So I’ve been a practice in 1998. I had a little family emergency that prevented me from taking the bar exam. My dad died like two weeks before the bar exam in July. And I’m from Maine originally. So I had to go back up north and take care of some business and things. So I delayed taking the bar exam until February. So I didn’t actually start practicing law until February of 1998. That will actually April when I got my license. Jeff Kelly: Okay. And then throughout your career, you’ve specialized in bankruptcy. Don Golden: I have actually, except my first year I focused on Social Security Disability work. But after ...

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March 12, 2021 00:10:17
Episode Cover

Pride and Bankruptcy

Transcript: Hello, this is Jeff Kelly. And in today’s episode, I want to talk more about pride and bankruptcy. I recently met with a client, and when we were just getting ready to file our case, she looked at me and she said, You know, I should have done this years ago, but my pride just wouldn’t let me. She had ignored her problems for years and years, tried to make the minimum payments, and eventually, the debt just grew so large that the creditor started filing garnishment actions. And that’s what motor motivated her to finally pull the trigger. She just got the point where she had to pride or no pride. And after she signed the court papers, she said, You know, I just feel like this huge burden has been taken off my shoulders. Why do so many people wait longer than they should to file bankruptcy? I believe the answer to that question is one-word pride and I get it. Because I suffer from it as well. Is all pride bad? Well, no. I mean, it’s, it’s I think it’s a good idea to take pride in your work and try to work hard and produce the best you can. You know, I don’t know if any you’ve ever seen the movie Cool Runnings. But you know, I love that scene where the one bobsled guy is trying to encourage the other guy who’s maybe kind of suffering from some self-doubt. He’s like, I look at you, I see pride. I see power. And then bleep bleep bleep. But anyway, that’s a really good ...

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February 12, 2021 00:18:18
How can an hot real estate market wreck your Chapter 7 bankruptcy?

How can an hot real estate market wreck your Chapter 7 bankruptcy?

Transcript: Intro Speaker: It’s time for KellyCanHelp hosted by Jeff Kelly, Attorney at Law with the law office of Jeffrey B. Kelly. And now here’s Jeff Kelly. Jeff Kelly: Hello, this is Jeff Kelly. And in today’s episode, I want to answer the question, is it possible to lose your home in a chapter 7 bankruptcy case? And the answer is yes. You know, this current real estate market is unbelievable. I’ve, I’ve been in practice since 1998. And I’ve never seen anything like it. I’ve never seen a real estate market where somebody in Rome, Georgia can put a house on the market and it sells within a week. So, because of that real estate values have become very problematic for chapter 7 clients. Let me give you an example. Let’s say you have somebody who, you know, 10 years ago, they bought a house for $100,000. And today, the tax assessor says it’s worth 120 Well, that wouldn’t be a problem. In in Georgia, a single person can exempt $21,500, a married couple can exempt $40-43,000. So when when could it become a problem? Jeff Kelly: Well, for one thing, even though the tax assessor says the house might be worth 120,000, it’s possible that it’s worth more, and a chapter 7 trustee. They are not bound by what the tax assessor says they’re not bound by what Zillow says, you know, honestly, they’re not even bound by what an appraiser says, a chapter 7 trustee has a strong incentive to sell your house if they can make money off of it. That’s, that’s how chapter 7 ...

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