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A blog about debt, credit and bankruptcy – Page 6

Jen|Lee|Law

Main Office Phone: 925-586-6738
Offices in San Ramon, San Francisco, and Tracy, CA

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Freezing Accounts

Why Does It Matter Where I Bank?

Often, clients come in for a Debt Strategy Session and we are looking at different options when the question comes up about what bank their bank accounts are at (checking and/or savings accounts). This is a really important question because if bankruptcy is one of the options we are talking about, Wells Fargo accounts can cause a big problem.

Why?

Wells Fargo will freeze your account balance when you file for Chapter 7. There is some debate about whether the total balances have to be over $5,000 or not for them to freeze, but I would rather not take a chance with my client’s rent money.

This is also an important question if you are a signer on someone else’s account. You may not have much money in your accounts, but if you are the signer on your mom’s account with $50,000 in it, mom is not going to be thrilled when her account is frozen and/or the funds are transferred to the Chapter 7 trustee. There is also the issue of proving that the funds are not yours, which put all of the funds at risk in the bankruptcy.

What Can I Do?

There are a couple of strategies that we use when we find out a client has a Wells Fargo bank account and we are looking at bankruptcy options.

First, change banks. Go find a nice bank that doesn’t have a habit of freezing its customers accounts.

Second, if you really want to keep that Wells Fargo account, it is an option to take the funds out of the account before filing, disclose that you have the funds either in cash or a cashier’s check, and then deposit them again after the filing of the bankruptcy. This is a rather convoluted option, but we have had clients who insist that they keep the Wells Fargo account. The important part of this is disclosing exactly what we did so that it is all clear that nothing is being hidden.

Third, you can take the risk that they won’t freeze your account if the combined balances are less than $5,000. But, be sure that your balances are really less than $5,000. This choice bit a debtor one time because he forgot that he was on his aunt’s account and she had a lot of money with Wells Fargo. Accounts were frozen and it was a mess.

In conclusion, choose your friends and your banks wisely. Make sure you get good advice on what you can expect for all of the various options you are considering.

This is just a basic overview and is not legal advice specific to your situation. If you have questions about your rights when it comes to debt and credit, you should speak with an attorney in your area for legal advice. If you live in California or North Dakota and would like to speak with Jen Lee Law regarding your situation, please schedule an appointment.

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Wouldn’t It Be a Great Idea if I Added My Son/Daughter/Dog to the Title of My House??

There are a couple variations of this question, but if often comes up when we are talking to clients. We’ll run through a few ways this comes up and why adding people to deeds is probably not a good idea. 

First example: A client comes in and has assets that she wants to protect from creditors, for example, her house. The house has a lot of equity and she does not want liens against the house. She asks, “Can’t I just transfer the title of my house to my son?”  

There are a few problems with this idea. From an estate planning and tax standpoint (and I’m not an estate planning attorney, so consult an expert regarding your own situation), but there are potentially significant tax consequences to transferring property this way. From a creditor standpoint, it may be considered fraud if you transfer assets knowing that there are claims against you. That can be a complicated analysis, and depending on which statute is being used, can go back as far as 6 or 7 years to see if you transferred property to avoid creditors being able to collect. 

Second example: Same situation as above with a house that the client is trying to protect from creditors, but now asks, “Can I SELL the house to my son for $1?”  

Lots of issues here, especially with selling property for less than fair market value and selling to a family member. From a creditor standpoint, it is still a transfer and may be considered fraud if a creditor is able to show that it was done to hinder collections by creditors. 

Third example: A client comes in and does not really have any assets, mostly unsecured credit card debt, and looks like a Chapter 7 bankruptcy would be the best option for a fresh start. Towards the end of the conversation, he says, “Oh, by the way, my parents added me to the deed of their house a few years ago for estate planning. The house is worth $1.5 million and they own it free and clear. That won’t be a problem, right?”  

Wrong. In a Chapter 7, the trustee’s job is to find assets that are available to sell to pay your creditors. You now have an interest in a $1.5 million house that the trustee would be interested in selling, or at least making a deal to get your creditors paid through some sort of settlement with you and/or your parents. The case has gone from a simple Chapter 7 to a complicated analysis and some risk if you decide to move forward. 

The best practice for all of these situations is to do proper estate planning, don’t transfer deeds to family members without getting advice on the consequences of that transfer, and don’t transfer assets to try to get away from creditors. Do proper planning before you need it, as that will be the most efficient (and least expensive!) option. 

This is just a basic overview and is not legal advice specific to your situation. If you have questions about your rights when it comes to debt and credit, you should speak with an attorney in your area for legal advice. If you live in California or North Dakota and would like to speak with Jen Lee Law regarding your situation, please schedule an appointment.

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I didn’t know! I didn’t know you could help me!

I wish I had a dollar for every time this phrase was uttered in my office (or at a speaking engagement). I keep talking, speaking, writing, and creating videos because I hear over and over from my clients that they wish they had known that someone could help them a long time ago. After a very busy week, here are some of the things people didn’t know:

  1. Student loan consolidation can help get a student loan out of default and back on track with income-based repayment (referring to federal student loans).
  2. You can get a mortgage while in Chapter 13 bankruptcy.
  3. Filing bankruptcy may make your credit score go up.
  4. Taxes are often effectively dealt with in bankruptcy.
  5. You would get sued when you signed up with a debt settlement company.
  6. Your credit score would drop with just one missed payment.
  7. Your wages could be garnished for your spouse’s debts from prior to marriage if you don’t do something to protect yourself.
  8. Chapter 7 is not a good option if you have assets you want to keep, unless you have a plan.
  9. Adding an authorized user to your credit card may make their score go down.

The reason I list all of these things out and talk about pretty similar things every week is because so many people don’t know that there are often solutions available for their situations. We almost always hear from people in our office that they felt they were the only ones with these types of problems and didn’t know that a majority of Americans have a debt or credit problem of some sort that they really could use help with solving.

Google is an awesome tool, but I find that so many people find bad information or don’t know to keep digging for more details on their individual situation. Very rarely do I recommend the exact same thing for each of our clients. Every case has a different detail that makes certain options better than others.

So, you may not know everything right now, but there are options for you if you ask!

This is just a basic overview and is not legal advice specific to your situation. If you have questions about your rights when it comes to debt and credit, you should speak with an attorney in your area for legal advice. If you live in California or North Dakota and would like to speak with Jen Lee Law regarding your situation, please schedule an appointment.

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Don’t I Have to Wait 10 Years to Get a Mortgage After Bankruptcy?

As many of you know, I often write blog posts based on things that have happened during the week, questions I get while I am speaking to various groups, or bad information I read online. This week, mortgages came up several times, so I figured that was my sign to talk about mortgages and bankruptcy. 

The common misconception out there is that you have to wait 10 years after bankruptcy before getting a mortgage. I’ve also heard you have to wait 10 years after bankruptcy to really qualify for any type of credit. Both of these are way off base.  

Let’s talk about mortgages. I’ve included a handy chart that Maureen Torretto at LoanDepot provided to me last year. I verified with her that this chart is still up-to-date. Some important points that I continuously make with clients who are worried that they will never be able to buy a house: 

  1. After a Chapter 7 bankruptcy discharge, the wait period is 1 year for FHA and VA loans with extenuating circumstances. 
  2. You can buy a house DURING a Chapter 13 bankruptcy. If you make 12 monthly payments on-time to the Chapter 13 trustee, you are eligible for FHA, VA, and USDA loans. 
  3. Without “extenuating circumstances” in a Chapter 7, the wait period is 2 years for FHA and VA. Again, nowhere close to 10 years. 

My main point is that bankruptcy is often the quickest way to qualify for a mortgage, which is exactly the opposite of what most people think. That fear prevents people from finding out what their rights and options are for their individual situation. Not that I’m advocating for everyone to go out and file for bankruptcy, but serious financial decisions require correct information. I find that the misinformation out there has caused a lot of people to make poor financial decisions. Knowledge really is key in these types of situation. 

This is just a basic overview and is not legal advice specific to your situation. If you have questions about your rights when it comes to debt and credit, you should speak with an attorney in your area for legal advice. If you live in California or North Dakota and would like to speak with Jen Lee Law regarding your situation, please schedule an appointment.

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“I Have to Take Out Student Loans to Help My Child! Or, Maybe I Should Bribe Someone!”

In light of the recent cheating scandal for college admissions that’s been widely reported in the last couple of days, I want to twist it a bit to something I hear all the time and be a bit controversial in the process. When we are talking about bankruptcy or other financial disaster planning, people are always worried about their credit and if they will still qualify for student loans for their kids. So, they are in the middle of financial disaster and trying to figure out how to qualify for…more loans.

Honestly, not qualifying for student loans for someone else’s education is a total blessing in disguise. I am a huge proponent of not taking Parent Plus loans and not co-signing student loans. I cannot tell you how many clients I have in their 50s, 60s, 70s, and even 80s who are trying to deal with student loan issues, including having their Social Security garnished at 15% for federal loans that are in default.  

What will happen if your child (adult child) can’t afford to go to a $60,000/year university on their own? Well, first of all, $60,000/year universities will have to adapt to people choosing less expensive avenues. The huge inflation in college education costs comes from easy money (that can’t be discharged in bankruptcy, how convenient) and from everyone thinking that they have to go to the highest-ranked college to get a decent job. 

One of the celebrities caught up in the cheating scandal has a daughter who has publicly announced that she doesn’t want to be in college at all and is more interested in YouTube. Do you know how much money can be made if you have something that other people are interested in? There is an 7 year old kid making more than $20 million a year doing toy reviews on YouTube. Not that I am encouraging everyone to go out and be a YouTube sensation, but parents put so much pressure on the traditional college path that they totally miss out on the creativity and innovative ideas that kids and young adults have. And part of that pressure is trying to pay for really expensive college educations that are mostly unnecessary.

As an employer, I don’t actually care if someone has a degree. I care about their abilities, their drive, their experience, and what they bring to the table. There are a lot of big companies out there that are missing out on the next generation of innovators because they won’t hire someone who doesn’t have the “right” degree. Ask me how I know. I did my bachelor’s and master’s degrees online (back before online was a thing – it was really correspondence school). I’m pretty much blacklisted from some companies as soon as I list those degrees on my resume. Their loss.  

Please do not take out student loans for your kids. Please encourage them to find what they are good at, even if it’s something you don’t understand. Oh, and please don’t bribe people so that your kids get higher test scores (I kind of feel that I shouldn’t have to say that, but apparently, it’s a thing). 

This is just a basic overview and is not legal advice specific to your situation. If you have questions about your rights when it comes to debt and credit, you should speak with an attorney in your area for legal advice. If you live in California or North Dakota and would like to speak with Jen Lee Law regarding your situation, please schedule an appointment.

Disclaimer and Additional Information

LEGAL ADVERTISEMENT. The information included on this website is not intended as legal advice. You should consult with a lawyer before acting on any information contained in this website.

Jen Lee Law, Inc. is a federally designated Debt Relief Agency. Jen Lee helps clients file for bankruptcy protection under the laws of the United States.

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