Kelly Bankruptcy

Bankruptcy Podcast

Latest Episodes

February 13, 2020
How a cheap divorce can lead to a bankruptcy nightmare.

How a cheap divorce can lead to a bankruptcy nightmare.

Transcript: Hello, this is Jeff Kelly. And in this podcast I would like to talk about how getting a cheap divorce can set you up for a possible bankruptcy disaster. Okay, the first way that I often see it and it’s usually in almost every case, the wife that’s left with the children is so desperate to get rid of nasty, horrible husband, that she will agree to anything without a lawyer. She signs the papers and literally gives everything to him. I cannot believe how often I see this situation. Go get an attorney. There are some attorneys who will defend mothers with children and they’ll collect all the attorneys fees from the the ex husband so it’s really tragic sometimes when I you know, I see Women with kids come in and there’s just not enough money to make the mortgage payment not enough money to cover electricity bills. In those situations, you know, honestly, bankruptcy doesn’t help if we’re in a house that you need to stay in and the future mortgage payments are too high. Maybe man, I hate it. And in most cases, it’s almost impossible to go back and undo a bad divorce. It’s much better to get an attorney from the beginning and avoid those rough situations. Another thing that I see that’s often very common is people will, you know, do the no fault divorce, no attorney and one spouse will sign their interest in the house over to the other spouse, and they’ll do it in ...

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January 29, 2020 00:27:14
Will Harper Introduction

Will Harper Introduction

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, people on the radio show today I want to take this opportunity to interview a really awesome attorney. My associate, Will Harper. Mr. Harper, thank you for coming onto the show for this interview. All right, Will Harper: thank you for having me. I know you had to go down the depth chart to get to me. Jeff Kelly: Not true. Not true. Okay. So will you specialize in bankruptcy with me? How many years have you been practicing law? Will Harper: I’ve been practicing law for a total of coming up on six and a half years here, actually. And of the six and a half years about four have been in bankruptcy. Jeff Kelly: Excellent. Excellent. Where did you go to law school? Will Harper: I actually went to law school at the University of the Pacific in Sacramento, California. Jeff Kelly: Now, why in the world did you pick California? Will Harper: Well, I got waitlisted at the University of Georgia ended up not getting in. And I got into Georgia State, but I’m from the countryside and the idea of living in Atlanta for three years. Didn’t seem like a great idea to me. So I applied to other schools around the country. And figured if I got to spend three years somewhere, I might as well be near the redwoods. Jeff Kelly: Now didn’t didn’t they give you an academic scholarship there as well? Will Harper: Yeah, kinda. Yeah. That they. They’ve made it worth my ...

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January 20, 2020
Can I Marry Someone Who Is About To File Bankruptcy?

Can I Marry Someone Who Is About To File Bankruptcy?

Transcript: Hello, this is Jeff Kelly bankruptcy attorney. And today I’m going to talk about can you marry someone who is about to file bankruptcy? And the answer is absolutely not. It’s not legal. Just kidding, of course. Just kidding. Just kidding. Relax. I know marriage can be a super scary proposition. You’ve got in-laws on the other side. You’ve got new potentially new brother in law’s and sister-in-laws. And now you’ve got more pressure on Thanksgiving and Christmas, and on and on and on. And then what happens if you also find out oh my gosh, the love of my life is loaded down with tonnes of debt. What should we do? Well, I think the worst thing you can do is to try to talk them out of filing bankruptcy. I think filing for bankruptcy might be the the best thing you can do to help get your marriage off to a nice fresh start, get rid of that stuff if you can. If you wait until after the wedding takes place, then the income of both spouses will count on the bankruptcy means test. So in other words, if you are a high-income earner, you could end up disqualifying your future spouse from being eligible to file bankruptcy if they need to, if you wait until after the wedding. However, if a person has high income, and they need to file bankruptcy, and the person they’re going to marry has no income in that particular case, it might make sense to wait until after ...

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January 13, 2020
Roth Case Lays Out Road Map for Discharge Violations

Roth Case Lays Out Road Map for Discharge Violations

Transcript: Good Morning! This January 13th, 2020, This is Bankruptcy attorney Jeff Kelly and today I would like to speak with you about how the 11th Circuit has laid out a roadmap for the rules for Discharge Violations. So, I want to start off here talking about the stupidity of banks. What kind of creditor is dumb enough to violate bankruptcy laws and send collection letters to a debtor after a debt has clearly been discharged? In a Chapter 13 bankruptcy, answer? Nation Star Mortgage. In the case of Arlene Roth, she clearly intended to surrender her house under chapter 13 bankruptcy that was filled December 22nd 2010. Roth received a discharge on June 27th 2014. Nation star was notified of the discharged and they received many, many, many letters and they clearly knew about the discharge. About 4 months after entry of discharge, the bank started Roth monthly statements related to her mortgage. Can you imagine the stress of going to 4 years of a bankruptcy case, fighting to make it work, pull it together, you do, you get your discharge and then? You start receiving collection letters. I bet this was extremely stressful on miss Roth. Nation Star never foreclosed on the property during the entire time of her Chapter 13. Who is dumb enough to let a house sit for 4 years and rot? Answer?Nation Star Mortgage. Roth’s attorney contacted Nation Star and was ignored. The statements kept coming. Roth then filed a ...

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December 07, 2019
Automatic Payments from your Bank Account are a Bad Idea

Automatic Payments from your Bank Account are a Bad Idea

Transcript: Hello, this is Jeff Kelly Today is December the 7th 2019. And today I want to talk about automatic payments that come out of your bank account. You know, I can understand why automatic payments sounds like a great idea. You don’t have to worry about it, just set it and forget it. But for somebody who who’s having debt problems, this is a terrible idea. And the reason why is because the creditors that are are going to push the hardest to get automatic payments coming out of your check are probably the ones that you’re not going to pay if you get into serious trouble. So, you know with things like your mortgage company, house payments, number one, but let me give you an example of one that you really don’t want to have automatic payments on. And that would be your second mortgage. If you get into serious trouble on your first mortgage, they’re going to foreclose on your house, okay? So, first mortgage top priority. Second mortgages, are they going to foreclose on your house? The answer is almost never. And the reason why is because in order for a second mortgage to foreclose on your house, they’ve got to pay the entire balance on the first mortgage first, before they can foreclose. So most situations, second mortgages, you know, we see some money owing maybe, you know, for example, ...

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November 21, 2019
Bankruptcy Means Test – Should I Worry About It?

Bankruptcy Means Test – Should I Worry About It?

Transcript: Hello, this is Jeff Kelly and Today is November 21 2019. And today I would like to talk about the topic of the bankruptcy means test. So what is the Means Test? Some people call it the median income test. Basically, this was like the main driver of when the bankruptcy laws were reformed way back in October 2005. I cannot believe it’s been that long ago, it seems like yesterday to me, but I remember that day. And the purpose was that, you know, Congress reformed the bankruptcy laws so that basically if you make more money than an average family of your size, then they don’t want you to be allowed to wipe out all of your debts in a chapter 7. They want you to file chapter 13. Now the philosophy is That there is closer scrutiny in a 13 as opposed to a chapter 7. I don’t know that’s necessarily true. I have found the chapter seven trustees to be just as anal and nitpicky as chapter 13 trustees. I think they’re they both guard the gate very well. You’re not going to slide anything past a 13 trustee or a chapter 7 trustee. But that was a philosophy is there is this myth out there that all these people were making great incomes and filing chapter 7 when they shouldn’t have been and the poor old credit card companies that are ripping off America by charging 30% interest or more, it was just unfair to them. So they created this thing called the median income test. Now, what I ...

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