【破产法】A TALE OF TWO SENIORS IN FINANCIAL DISTRESS| 楊清泉律師事務所
12/12/2020 楊清泉律師事務所Senior one is 73. He has been separated from his wife for 30 years but not divorced. So, for all intents and purposes, he is single because even if his wife makes a ton of money, her income is irrelevant under the means test since client does not benefit from that income. Even if his estranged wife makes $1.0M a year as financial advisor, that income is not part of client’s household income under the means test. He says he has no idea where is wife is and has not seen her for 30 years. He comes to see me with a woman who sits behind him in my office. She smiles a lot. I presume that she must be his girlfriend. I would say that they are a good-looking couple. He still has a full head of hair. And she dresses in fashion and takes care of how she looks. They look happy together.
What is his problem now? His social security benefits have been cut by more than half! Unbelievable is the word. Now that he needs social security to survive, they cut it by 50%. I don’t even want to mention figures because the reduced amount that he now receives is not even enough to pay for his room rent of $500. He used to get $1000 a month of social security. He says he’s appealing the cutback. Hope he is successful on his appeal because this reduction is not only unbelievable, it’s cruel. It’s like cutting off the umbilical cord from the unborn child. Despite of this misfortune, client appears to be taking it in stride.
To be precise, his problem now is that he has no money to pay for his $20K of credit cards, which needs $600 a month of minimum monthly payments to keep them current. Needless to say, he has no money left to pay for these cards. His reduced $500 social security is enough only to pay for his room rent. I think we can all sympathize with his financial problem in his golden years. Nobody wants to be in this situation, as one becomes a senior. As a senior, one must have enough to pay for a roof over one’s head and have money left to pay for food and other necessities. And hopefully, have some money left to indulge in what one enjoys doing. Maybe eating out or traveling comes to mind as life’s little pleasures that seniors can enjoy. I also know that many seniors feel lonely so they join a seniors club that allows them to have social activities of meeting other seniors and doing activities together.
Client does have one thing going for him. He is in perfect health. No hypertension. No diabetes. Not overweight. He has no chronic illness of any kind, although some have argued that aging is a chronic illness.
He needs Chapter 7 to wipe out the $20K of credit card debt. I’m glad at least I can help him this way. Who needs $20K of credit card debt at 73? Time marches on very quickly. We will all become seniors one day. All we can be is be young at heart and in the mind. Just like a car that starts breaking down, as it gets older, our bodies will do the same, as we get older. Right? This is our inheritance from Adam and Eve when they ate of the forbidden fruit in Paradise. Our bodies that should have been good for eternity are now subject to dihsease and death. But we look forward to being with Jesus and God the Father after we die, right? Why spend the rest of eternity with Lucifer in hell? If you can’t stand the heat wave now, you are going to hate your life in hell. It’s a lot hotter there. If you don’t believe that hell exists, go ahead and take that chance and see what happens to you when you die. You are going to regret it. Jesus died for us so we can go to heaven. Take advantage of His love for us.
Chapter 13 For Senior No. 2
Senior no. 2 is 79 years old and married to his wife of 55 years. They are happily married to each other. They have aged well together. Unlike Trump, who has aged by himself, while his wives get younger & younger. Out with the old and in the new. Maybe that makes him feel like he will live forever. In client’s case, they own a home with about $300K of equity. The mortgage balance is about $400K. The mortgage payment is $2,500. Their joint social security income is $2,700. They have no other income. They owe $60K of credit cards. Oops.
Clearly, the math doesn’t add up. $60K of credit cards needs $1,800 of monthly minimum payments to keep them current. But SS income is $2,700 while the mortgage is $2,500. This is where the children have to come in and help out because eventually, children will inherit the $300k of house equity. So, it’s only fair that the children help out now.
The children can help out by contributing the amount necessary for clients to pay off the $60K over 5 years under Chapter 13 reorganization. They will have to contribute $1K a month to the Chapter 13 plan. At the end of the 5th year, the court will enter a discharge order and clients will owe zero on the $60K of credit cards. They will be free of all credit card debt at 82. And they will still have their home, which probably will have gone up by another $200K. So, children stand to inherit $500K, but they should help out now with $50K over 5 years. Even looking at it as an investment, they invest $50K and get ten times back in 5 years. And they are able to relieve their parents of unnecessary financial stress, which will make them live longer.
If you need debt relief, please set an appointment to see me. I will analyze your case personally.
“YOU WILL TRAMPLE DOWN LIONS AND SNAKES, FIERCE LIONS AND POISONOUS SNAKES. GOD SAYS, ‘I WILL SAVE THOSE WHO LOVE ME AND WILL PROTECT THOSE WHO ACKNOWLEDGE ME AS LORD.” 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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