【破产法】IS BANKRUPTCY RIGHT FOR YOU? | 楊清泉律師事務所
12/07/2020 楊清泉律師事務所Sure there are alternatives to bankruptcy. But bankruptcy is the only solution that provides viable debt relief for those who are unable to repay their debts. Some people sign up for debt settlement and find out after having paid into the pot that they have been sued by several creditors despite attempts by the debt settlement business to settle their debts over time. If we compare debt to cancer because they do have similarities as the debt burden keeps growing and growing over time while cancer grows and spreads over time with the end game of both killing the financial or organic health of the victim resulting in death of the victim, what is the more effective cure?
Certainly, all of us have family and friends who have fought with cancer. First, you try to kill all the cancer cells with chemotherapy and/or the latest cancer-fighting medical technology. Fortunately, there is state of the art treatments now that work where the bodies own immune system is coaxed to fight the cancer cells, or stem cells from a donor are used to replace the patients’ own unhealthy cells that become cancerous.
If the treatment works, you still have to go through the remission process. This is a five-year period where the patient is cancer-free but is being monitored to see if cancer returns. If it returns, it comes back with a vengeance. If it doesn’t, you’re home free. Right now, I have 3 clients who have fought cancer. One just died after fighting it for 4 years and used all the new treatments. One was in remission for 41/2 years trying to reach 5 years. But the cancer cells have just returned. He was still working but now can’t walk without assistance because the cancer cells have returned after disappearing for 41/2 years and now have just spread to his leg. The third is cancer-free and entering the 5-year monitoring period.
Now, if there was a miracle drug that once taken gets rid of all cancer cells and replaces them with new healthy cells that enable the patient to be cancer-free for the rest of his life, isn’t this treatment the best and most effective way of dealing with cancer?
Bankruptcy is the best and most effective way of getting rid of accumulated debt bar none. It’s truly a miracle solution to debt problems. Bankruptcy is guaranteed by the United States Constitution to enable debtors to have a fresh start in life without the burden of accumulated debt so they can become productive again. The United States Supreme Court calls Chapter 7 as the “fresh start” law, and Chapter 13 as financial reorganization on a personal level. Bankruptcy, indeed, is the miracle cure for accumulated debt that debilitates every debtor who suffers from this malady.
How many times have I pointed out that Walt Disney filed for Chapter 7 twice before Disneyland became successful? If it’s the right choice for Walt Disney, it’s the right choice for anyone with accumulated debt who wants a fresh start in life, just like Mr. Disney. Mr. Hershey of Hershey chocolates, possible the world’s largest and most successful chocolate business also filed for Chapter 7 once to get rid of accumulated debt. Several big dioceses of the Catholic Church filed for Chapter 11 reorganization to handle the molestation lawsuits. Orange County filed for bankruptcy about 20 years ago for those of you who are too young to know. Why did they file for bankruptcy? That’s because bankruptcy is the right choice and the most effective way of dealing with debt and providing the debtor with total and complete relief from debt.
Are you facing foreclosure and want to save your home? Chapter 13 will stop the foreclosure on its tracks and allow you 5 years to pay off the default while protecting your house from foreclosure. If you owe credit cards and other unsecured debts like medical bills, Chapter 13 may even allow you to have a zero payment plan to unsecured creditors. This means you pay nothing to get rid of credit cards while you pay only the default on your house over 5 years! For example, client owes $20K of default on his house because he has not paid it for 6 months, and he owes $50K of credit cards and $100K of medical bills. He can propose a chapter 13 plan that pays only $350 a month for 60 months. This will pay the $20K default on his house over 5 years. He pays nothing to credit cards and medical bills. In other words, he doesn’t have to pay $150K of unsecured debt. Upon finishing his plan payments on the 60th month, he is back to his current status on the mortgage. He rescues his house from foreclosure. And the court wipes out all $50K of credit cards and $100K of medical bills without any payment on them at all.
Let’s assume the same client with the same unsecured debt but no problem with house payments. His home equity is less than $175K and he is at least 65. He files for Chapter 7 and gets rid of $150K of unsecured debt for a fresh start as he enters his retirement years. Or, he is 45 with home equity that is not over $100K. He still gets to wipe out $150K while keeping all his assets.
If you need debt relief, please set an appointment to see me. I will analyze your case personally.
“A THOUSAND MAY FALL DEAD BESIDE YOU, TEN THOUSAND ALL AROUND YOU, BUT YOU WILL NOT BE HARMED. YOU WILL LOOK AND SEE HOW THE WICKED ARE PUNISHED.” Psalm 91. Written by Moses.
Lawrence B. Yang is a graduate of Georgetown University with a Master’s Degree in Law and specializes in Bankruptcy, Business, Real Estate and Civil Litigation. He speaks English, Mandarin and Fujian and has successfully represented thousands of clients in California, including companies overseas. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.
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