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Normally your bankruptcy estate consists only of the property you own on the date of the filing of your bankruptcy case. Certain property though that you acquire after filing for bankruptcy are part of your bankruptcy estate. Supplemental schedules need to be prepared and filed with the Bankruptcy Court.
Certain Property Needs to be Disclosed
In chapter 7 and chapter 13 bankruptcy, you are generally under the obligation to notify the Bankruptcy Court and your bankruptcy trustee if you acquire any of the following items within 180 days of the filing of your bankruptcy petition:
a. inheritances b. divorce property settlements
c. proceeds of life insurance
In such event, you should advise your bankruptcy attorney at once so that he may properly advise you and prepare the proper schedules that need to be prepared and filed with the Bankruptcy Court. If you are in a Chapter 7 case, you may consider converting the case to Chapter 13.
Causes of Action - Including Personal Injury and Employment Cases
In a Chapter 13case, you should also file supplementary schedules in your bankruptcy case if you acquire cetain types of property, including actual or potential causes of action (ie. including personal injury and employment cases) that you acquire at any time after the bankruptcy case is filed. This is very important, as if it is not disclosed in a supplemental schedules, you may be barred from pursuing the cause of action ("judicial estoppel").
Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
Is it a violation of the Fair Debt Collection Practices Act for a creditor to file a Proof of Claim in a bankruptcy case on an old debt that is no longer collectible by virtue of a Statute of Limitation? Ever since the 11th Circuit Court of Appeals ruled in Crawford vs. LVNV Funding that such claims do constitute FDCPA violations many local bankruptcy attorneys have been eager to find out how the 8th Circuit would rule.
Why so such anticipation? Because large debt buyers such as Midland Funding, Portfolio Recover and Asset Acceptance Corp file hundreds of thousand of claims on such time-barred debts annually and if the 8th Circuit would have joined with the 11th Circuit in declaring such claims illegal, bankruptcy attorneys would have rushed in with thousands of FDCPA complaints against these companies. In almost every Chapter 13 bankruptcy case there are a handful of claims filed on expired debts and it would be easy to sift through files to line up FDCPA cases ripe for litigation. Like Boomer Sooner ready to launch his wagon in the Oklahoma land rush, bankruptcy attorneys have waited for a signal to launch litigation against debt collectors filing claims on expired debts.
In Gatewood vs. CP Medical LLC, the 8th Circuit BAP has ruled that no FDCPA violation occurs by merely filing a claim on a time-barred debt.
Filing in a bankruptcy case an accurate proof of claim containing all the required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice.”
The court reasoned that bankruptcy debtors are able to object to the time-barred claims in the bankruptcy process and observed that debtors are generally represented by attorneys who are duty-bound to object to invalid claims, so filing a claim on an expired debt does not overly burden a debtor. And, of course, the unspoken deciding factor is that the court did not want to encourage a tidal wave of FDCPA bankruptcy litigation had it ruled otherwise.
What are the consequences and implications of this decision?
- Debt buyers will continue to flood the court with expired debt claims as far as their databases can go. I’m seeing claims for debts where no payments have been made in over 10 to 15 years.
- The payout of legitimate claims will decrease since the deluge of claims from time-expired debts will dilute the payment that would have been made to enforceable debts.
- Debtors get stuck with footing higher legal fees necessary to object to these expired debts.
- Student Loan debtors may get stung when time-barred private student loan claims start receiving payments because their attorney failed to object to the claim. Does a payment received through a chapter 13 plan on an expired student loan debt reset the statute of limitations?
- Resetting the Statute of Limitations. Does a payment on an expired debt through a Chapter 13 payment plan reset the statute of limitations? Normally a voluntary payment will reset the statute of limitation. Does a payment in a Chapter 13 constitute a voluntary payment for purposes of counting the last payment date on an expired debt? I really don’t know. Debtor’s counsel cannot just assume that allowing a claim on an expired debt is harmless since such payments may reset the statute of limitations clock.
Although I can understand the 8th Circuit’s reluctance to encourage an avalanche of FDCPA litigation, in the long run this may be an questionable policy. Sending debt buyers a clear signal that dead debts should remain dead would reduce time spent by court personnel in managing expired claims and thereby increase the payout to legally enforceable debts. Debtors and their attorneys now must spend additional time and money reviewing and objecting to claims that never should have been filed in the first place. In the end, the court may have just created more of that litigation it was seeking to avoid.
The Bankruptcy Discharge
The bankruptcy discharge is the end goal of the bankruptcy case. Clients filing for bankruptcy are not only interested in stopping potential legal action such as repossession or foreclosure, but they are also interested in relieving themselves of the heavy burden of debt. When you receive a discharge at the end of your bankruptcy you are no longer legally responsible for repaying debts included in the discharge. The discharge is a court order that prohibits creditors from taking any action to collect debts that you owe them. It is permanent and can only be taken away by the court under certain circumstances such as fraud, which we will discuss later.
The post The Bankruptcy Discharge appeared first on Tucson Bankruptcy Attorney.
The U.S. Department of Education, as part of a continuing public relations effort to look like it’s trying to help federal student loan borrowers, on July 7, 2015 announced an enormous expansion of the highly-regarded Pay-As-You Earn repayment program.
Under the expansion, an additional six million federal loan borrowers would be able to cap their federal student loan payments at 10% of their disposable adjusted gross income.
Unpaid balances would be discharged after the borrower makes 20 years of payments if the borrower does not owe any money for graduate school, and after 20 years of payments if any federal student loans are for graduate studies.
That’s a big win for borrowers now ineligible for PAYE. For many, the only option is Income-Based Repayment – which calls for payments of 15% of disposable adjusted gross income and discharge after 25 years.
Until now, Pay-As-You-Earn was available only to a limited number of federal student loan borrowers based on the age of their loans. The new version would lift age requirements and make the repayment option available to all borrowers with a Direct Loan.
In 2014, President Obama issued a Presidential Memorandum directing the U.S. Department of Education to propose regulations to ease the burden of student loan debt by expanding repayment options available to borrowers and building awareness of income-driven repayment plans.
“A college education is one of the most important investments that Americans can make in their futures. Unfortunately, for too many hardworking families, it feels like a higher education is simply slipping out of reach,” said U.S. Secretary of Education Arne Duncan. “This proposal is an investment in our economy’s future that provides targeted benefits to even more borrowers, so they can stay current on their loans and furthers our commitment to lifting the burden of crushing student loan debt.”
Sounds great, right?
For some, it is. But for student loan borrowers who are married the changes will be financial catastrophic.
Under current regulations if a married borrower files a separate Federal income tax return, the Education Department uses only the borrower’s adjusted gross income (AGI) to determine the amount due under Income-Based Repayment, Pay-As-You-Earn, or any other income dependent repayment plan. This works out well for married people who don’t mix finances with their spouses.
The new regulations, to be published in the Federal Register on July 9, 2015, will provide as follow:
in the case of a married borrower filing a separate Federal income tax return, use the adjusted gross income (AGI) of both the borrower and the borrower’s spouse to determine whether the borrower has a partial financial hardship (PFH) and to calculate the monthly payment amount. A married borrower filing separately who is separated from his or her spouse or who is unable to reasonably access his or her spouse’s income is not required to provide his or her spouse’s AGI.
See what they did there? They gave with one hand, and took away with the other.
Anyone who wants to reduce their payments under the new version of Pay-As-You-Earn will be forced to use their spouse’s adjusted gross income as well as their own. For people who are married to someone with a higher income, that means 10% of AGI will be a lot higher than under current calculations.
The only options for married borrowers who want to reduce their federal student loan payments will be to get separated or somehow convince the Education Department that they are unable to reasonably access their spouse’s income.
The second option will likely be difficult, which will likely lead to millions of federal student loan borrowers moving out of the marital home in an effort to keep their payments under control.
Even worse, I can see people getting divorced so they can live together yet still keep their finances separate for the purposes of student loan repayment.
If you think this new payment option is a bad idea, you should submit comments within 30 days of the date of publication of the proposed regulations. Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. Comments can’t be submitted by fax or by email or those submitted after the comment period.
Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under “Are you new to the site?”
Postal Mail, Commercial Delivery, or Hand Delivery: The Department strongly encourages commenters to submit their comments electronically. However, if you mail or deliver your comments about the proposed regulations, address them to Jean-Didier Giana, U.S. Department of Education, 1990 K Street, NW., room 8055, Washington, DC 20006–8502.
The post Education Department To Screw Married Student Loan Borrowers With New Payment Options appeared first on Bankruptcy and Student Loan Lawyers - 866.787.8078.
You may have heard that effective June 12, 2015 there is a proposed order to employer to pay the trustee for chapter 13 cases in the Northern District of Illinois, Eastern Division, bankruptcy court. The proposed order can be submitted by the attorney for the debtor or the trustee. However, we have not heard any+ Read More
The post No Directive From Chicago Area Chapter 13 Bankruptcy Trustees Yet appeared first on David M. Siegel.
Did you know that 51% of Americans between the ages of 55 and 64 do not have a Last Will and Testament? What is worse is that 62% of Americans ages 45-54 have not even drafted a Will. Whether we like it or not, tragedy can strike at any time, at any age. None of us live forever. When 64% of the public does not have a Last Will and Testament, it is easy to say that most of our wishes will not be granted after our deaths. You can change that by visiting with our Lake Geneva Estate Planning Lawyer, Shannon Wynn.
Lake Geneva Estate Planning Lawyer, Shannon Wynn, will help you create a Last Will and Testament. When discussing your last wishes with a lawyer, the task becomes easier than you think. All of your questions will be answered. Legally declaring your wishes, in the unfortunate event of your death, will help give you peace of mind. Below we have outlined some important reasons as to why you absolutely need a Last Will and Testament.
Lake Geneva Estate Planning Lawyer Explains Why You Need a Last Will and Testament
1. Without a Last Will and Testament, the government will make all decisions regarding your estate. This includes who receives your property and who will raise your children.
2. You have control over who raises your children. As a parent, it is imperative to possess a Last Will and Testament if you want a say so in who will raise your children after your death.
3. You decide who obtains your property and possessions. Property bequeathed in a Will does not have to be of high monetary value. If you have photographs, knickknacks, paintings, clothing, tools or furniture, these can all be bequeathed to certain family members or friends. Maybe your niece always wanted that blue afghan you made. If you want to make sure she gets it, you need to have a Last Will and Testament. Otherwise, there could be family disputes after your death.
4. Your pet will have a safe home. Never assume your family will automatically take in your pet. Many pets end up in shelters after the death of their owner. The majority of these shelters have a brief holding period of a couple days, and then your beloved pet will be euthanized. You need to arrange for a guardian of your pet. It would also be a good idea to set aside some funds for the care of your pet.
5. Your last wishes are granted in a timely manner with no unnecessary fees. If you do not have a Last Will and Testament in place, the probate court will appoint an administrator to settle your affairs. This can be expensive, possibly up to 10% of your estate’s value. In addition, your estate can be tied up in the court system for years. There may also be no funds immediately available to cover your funeral expenses. Do you want to lay the financial burden of funeral expenses and other debt on your family?
6. You define the details of your funeral. If you do not want a traditional funeral, you get to say so in your Last Will and Testament. Maybe you want other music played instead of organ music, such as heavy metal, rap, country, jazz, etc. Do you have certain songs you want played at your funeral? What about types of flowers? Are there certain items you wish to be buried with? What outfit do you want to wear? Would you rather be cremated? These are all decisions you may want to include when you create a Last Will and Testament.
7. Donate to causes you care about. If you would like to donate money to any causes near and dear to your heart, you can outline the details in your Last Will and Testament.
8. You name the person responsible for carrying out your wishes. When you create a Last Will and Testament you get to name an Executor of your Will. This person is legally responsible for carrying out your wishes outlined in your Last Will and Testament. They will pay debts, distribute property, and distribute money according to your wishes.
9. You decide who retains your digital assets. Ever wonder what happens to email accounts and social media accounts when a person dies? You can have control over the situation. A Last Will and Testament allows you to bequeath digital property, such as: email accounts, blogs, social media profiles, websites and domain names, hosting accounts, photo sharing websites, document sharing websites, business accounts, computer files, etc.
10. Make things easy for your family. Without a Last Will and Testament, a burden is placed on your family to try and fairly handle your personal property and money. Family conflicts often ensue. After your death, the last thing you want is your family fighting. If you clearly define your wishes in your Last Will and Testament, you will be doing your family a huge favor.
11. Tomorrow could be too late. You can make all the decision regarding your affairs now, today, while you are healthy and of sound mind. We do not know what tomorrow may bring. Death or mental incapacity could happen at any time.
12. You get to distribute your assets fairly. Without a Last Will and Testament, the state could divide your property in an unfair manner. Family members who do not need extra money could end up with a majority of your monetary funds. This could leave children without the proper funds to be cared for by other family members. You may have family with special needs who require a greater share of your estate. Don’t let this happen. Have peace of mind that your family members are cared for and protected by creating a Last Will and Testament.
As you can see from our above list, a Last Will and Testament is not just for seniors or the rich. Without one, your property and assets will be distributed by the state and could potentially be held up in court for years. Have peace of mind that your last wishes will be granted.
Contact Our Lake Geneva Estate Planning Lawyer
Our Lake Geneva Estate Planning Lawyer can help you get your affairs in order. If you already have a general idea of how you would like your property disbursed, why wait? Do not procrastinate and risk everything by not creating your Last Will and Testament today. Contact our Lake Geneva Estate Planning Lawyer via phone by calling 262-725-0175 or via email on our website’s contact page. Wynn at Law, LLC has convenient estate planning offices located in Lake Geneva, Delavan, Muskego, and Salem, Wisconsin.
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
For millions of student loan borrowers, Sallie Mae is synonymous with educational finance. Now there’s a new name in town – Navient.
Founded in 1973, Sallie Mae (the nickname of The Student Loan Marketing Association) operated as a Government-Sponsored Enterprise (GSE) – a private financial institution set up by the U.S. Congress – until 1994 when it became a private corporation. Originally created to support the guaranteed student loan program created by the Higher Education Act of 1965, the company eventually expanded to handle all manner of private as well as federal student loans.
Most people who owed money for student loans saw Sallie Mae as the public face of educational finance, sending out bills and collecting payments. If you needed a forbearance, you’d call Sallie Mae. And when you fell behind, it was Sallie Mae’s people who would call you to ask when the money would be sent out.
More Than Just Federal Student Loans
But federal student loan servicing would make the company only so much money. Looking to the deep pockets of Wall Street, in 1995 Sallie Mae became a major player in packaging student-backed loans. The world of student loan securitization was born, with Sallie Mae in the lead.
1997 saw the company restructure as a private entity to combat the growing number of people who were going directly to the government for federal student aid.
Over the years the company purchased Upromise, a company that helped parents save for college. Sallie Mae continued to not only service federally guaranteed student loans under a contract with the U.S. Department of Education, it also made loans through its own Smart Option Student Loan program.
Once the U.S. government stopped allowing private lenders to made federally guaranteed student loans Sallie Mae started getting into high-yield savings accounts, CDs, and checking accounts through Sallie Mae Bank, credit cards, and insurance products. All the while, the company continued to service federal as well as private student loans.
Even if you weren’t paying your student loans on time, Sallie Mae still made money through wholly-owned debt collectors Pioneer Credit Recovery, Inc. and General Revenue Corporation.
What Is Navient?
Navient is a new company that split off from Sallie Mae in 2014 to take over Sallie’s federal loan servicing business. Now it is Navient that handles the billing and other services on millions of federal student loans.
If Sallie Mae was the loan servicer for your William D. Ford Federal Direct Loan (Direct Loan) Program or Federal Family Education Loan (FFEL) Program loans owned by the U.S. Department of Education (ED), Navient now manages your loans.
In addition to handling federal student loan servicing, Navient also services a large portfolio of private student loans. These are loans that have nothing to do with the government, and don’t provide for any of the repayment options and programs that we know exist for the federal loans.
Navient is also the owner of Pioneer Credit Recovery and General Revenue Corporation.
Navient Buys and Securitizes Private Student Loans
Navient purchases loans written under the U.S. Department of Education’s now-unwinding Federal Family Education Loan Program, and has been making a strong push to buy loans from other private student loan lenders.
As a way to pay for those loans, Navient relies heavily on securitization as a primary funding source. The company took on $1.6 billion of private loans from Sallie Mae Bank in its first few months of operation in 2014, while issuing $1.1 billion of securities backed by those accounts.
So What Does Sallie Mae Do Now?
Since the split from Navient, Sallie Mae offers private student loans (including the Sallie Mae Smart Option Student Loan). It then securitizes those loans, turning them into financial products that are broken up and sold to investors.
The company offers Money Market Accounts, High Yield Savings Accounts, and CDs through a banking unit. It also continues to operate Upromise, and also sells auto, tuition, life, health, travel, and renters insurance.
And, like Navient, Sallie Mae Sallie Mae has begun to securitize private student loans that it originates, owns and services. The first such trust, SMB Private Education Loan Trust 2015-A, was announced in April 2015 to hold $753 million worth of the company’s Smart Option Student Loans.
To give you a sense of just how much money is to be made, the single April 2015 transaction allowed the company to remove the principal balance of loans backing the Trust from its balance sheet and realize a pre-tax gain on sale of approximately $78 million after estimated closing adjustments and transaction costs, a 10.5-percent premium over the loans’ book value.
Two Different Companies, One Singular Purpose
Now that Sallie Mae and Navient have split, the difference is fairly clear – Navient takes care of the student loan servicing and Sallie Mae looks more like a bank.
To the outside eye, the companies are completely different. But look below the surface and you’ll see that both operate in a similar way.
Both companies work towards financing education through student loans. And both actively work to profit off those loans before the first payment is even made by a borrower.
The post Untangling The Knot of Navient and Sallie Mae appeared first on Bankruptcy and Student Loan Lawyers - 866.787.8078.
In over 19 years of being a bankruptcy lawyer I’ve heard – and been part of – both sides of the discussion about how smart it is to file for bankruptcy. After much consideration, I’ve concluded that it’s a stupid conversation.
There’s a lot of misinformation out there about bankruptcy.
Credit counselors and debt settlement companies will tell you it’s the worst thing for your credit, in spite of the fact that even the Federal Reserve Bank of New York (you know, the folks who run the banking system) says that’s untrue.
On the other side of the discussion comes the bankruptcy lawyers who think that a trip to bankruptcy court is the cure for what ails your financial situation.
And a recent article in Huffington Post includes a story of someone who, upon hearing that a friend was going to file for bankruptcy, responds with, “congratulations.”
If you’re in debt and don’t handle it, you’re putting yourself at risk financially. Retirement, after all, is one day closer every time the sun rises. Illness, job loss, family upheaval and an unexpected household repair can all cause calamities if you’re not on firm financial footing.
But the key isn’t whether bankruptcy is good or bad – it’s one of attending to your financial problems in the best manner possible.
And here’s what you should be doing instead.
Begin with Expenses
Start with looking at your budget and trying to figure out whether your debt problems are the result of a low income, poor budgeting, or both.
Take each expense and ask yourself whether you can live without something, or if there’s a less expensive option. View every dollar under a microscope, then start investigating options.
I’m not necessarily telling you to cut the Starbucks out of your life – that’s been beaten to a pulp by the personal finance pundits. But can you switch your cell phone service to a provider that may be less expensive without a reduction in call quality?
Can you cut out a few pay channels from your cable television service, or block the on-demand movies so the kids don’t rack up hundreds of dollar in extra fees each month?
If you’re paying student loans, have you investigated some of the federal programs that may bring down your monthly payments?
Move to Income
You’ve gone through your budget an slashed expenses – good work!
But the job’s not done. You need to look at your income to see if you’re making enough money at your job.
I’m not going to tell you to start delivering pizza at night to make more money. If you’re working full-time then you do plenty as is. You shouldn’t have to work 20 hour days just to make ends meet.
Look around and see what others are making in comparable positions with similar backgrounds and experience. If they’re making more, it may be time to think about a new employer or asking for a raise from your current boss.
Take a look at your family. Are the kids old enough to get part-time jobs so they can fund their own entertainment and cell phones? Is your spouse able to work outside of the house? If so, time for a family meeting about earning your fair share.
Is There Enough?
You’ve got your expenses down and your income up. Now take out the debts and add them up – all of them, even the ones you’re currently paying.
Is there enough left over at the end of the month to pay off the debts over the next 3-5 years? If so, that’s probably what you should do.
And if not, you’ve got some thinking to do.
If You Can Pay, You Probably Should (But Only If … )
Even if you can pay off all the debts over the next 3-5 years, you need to look at the rest of your world to see if it makes sense to do so.
If you’re expecting a massive change in your lifestyle such as retirement, you’ve got to make sure you’ll have enough money to make that change. If not, can you get there while paying off the debt?
Retirement isn’t the only change you may need to plan for. Kids head towards college, parents get older and need financial support, and more. Plan for those financial hiccups before making the decision to plow all your money into debt repayment – if you don’t, you may end up paying off all your debt only to dig yourself back in the hole later on.
Bankruptcy Is One of Many Options
If you can’t pay the debts then you can look into filing for bankruptcy.
But before you do, investigate all other options for debt relief.
That includes credit counseling and debt settlement.
You need to get the facts about all options so that you can choose the one that’s right for you.
Pick the Smart Option
Bankruptcy is the right choice when the others are wrong.
This isn’t a solution you pick in a moment of despair, and it’s not one that you avoid in the face of logic.
Choose the solution that works for you, and do it only after taking the steps you need to make the right choice.
In the end, that’s the only smart move to make.
The post Why Filing for Bankruptcy Isn’t Smart appeared first on Bankruptcy and Student Loan Lawyers - 866.787.8078.
Do you own and manage rental property in Walworth County? If so, this post could save you thousands of dollars. Most lost funds are incurred by landlords when a tenant moves out. Repairing and replacing household items adds up. There is normally a dispute between the landlord and the tenant over the property’s condition at the time of the tenant’s move-out. You can avoid this type of situation by clearly defining the condition of your property at the time of move-in and defining the condition your property should be left in when the tenant moves out. Learn how to withhold security deposits without complaints from your tenants.
6 Money Saving Tips for Landlords from our Walworth County Real Estate Attorney
1. Video the Tenant Walk-Through. It’s time to get out your camcorder, camera, or mobile phone and use the video feature. Be sure to include the date, time, and name of your future tenants. Video record the entire walk-through with your potential tenants. Try to get a 360 degree view of each room. Include the tenants in each room view. Have your future tenants and yourself comment on the condition of each room. You will take the video seriously. Your tenants will take the video seriously, especially when you have them state their names as listed on the lease agreement. This pre-move-in video will make it very difficult for any tenant to dispute the condition of your property at the time of move-in.
2. Take Photographs During the Walk-Through. If you do not have access to a video recorder, take photographs. Document the condition of each item inside and outside of your Walworth County real estate property. Your tenant will notice your documentation of the property and, in turn, should be more careful while occupying your property. Taking photographs during the tenant walk-through also allows you to easily compare before and after photos. If needed, you will have the proof you need of an item’s condition in case a dispute arises.
3. Take Your Time During the Walk-Through. This is not the time to rush. The walk-through with your tenant is one of the most important processes when renting or leasing your Walworth County real estate property. Be extremely thorough documenting anything that could potentially be damaged during the lease timeframe. Note the condition of items such as: the lawn, wall paint, trim, front door, screen, windows, roof, flooring, garage doors, fence, appliances, and more.
4. Create Room Condition Sheets and Have Them Signed. Create room condition sheets for each room in your Walworth County rental property. List items such as: condition of paint, condition of trim, condition of carpet, etc. with a place for comments. Complete the condition sheet for each room with the tenant as you walk-through the rental property. When the walk-through is complete, have the tenants sign the forms agreeing to the condition of the property.
5. Include a Replacement Cost List. During the lease signing, go over a replacement cost list of typical items that get replaced after a move-out. Layout the cost for replacing door knobs, filling holes in the wall, replacing light fixtures, repairing broken windows, cleaning the refrigerator, shampooing carpets, repairing tile floors, etc. When the tenant moves out, there should be no surprise when it comes to repair and replacement costs.
6. Execute a Pre-Move-Out Inspection. If you have the opportunity, perform a pre-move-out inspection at least one week before the tenant moves out. Take photographs. Bring your property condition sheets and your repair and replacement cost sheet. Leave copies with your tenant noting items that need to be cleaned, repaired, and/or replaced. Be sure your tenant understands the costs involved if you need to clean, repair, or replace items yourself. This gives your tenant a chance to fix items and save security deposit monies before moving out. It will also be less work on your maintenance team. Bring your maintenance crew during the pre-move-out inspection. They will know ahead of time what they may need to clean, repair, and replace, as well as any parts that need to be ordered.
Our Walworth County real estate attorney knows that no landlord wants to end up in court over a security deposit dispute. If you have a thorough and consistent plan in place, you should be able to avoid not only repair and replacement costs, but also court costs as well.
Contact our Walworth County Real Estate Attorney
If you have questions for our Walworth County real estate attorney regarding landlord tenant issues, feel free to contact our office at any time. Our Walworth County real estate law offices are conveniently located in Muskego, Salem, Delavan, and Lake Geneva, Wisconsin. You can reach our Walworth County real estate attorney by phone at 262-725-0175 or by email via our website’s contact page.
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
"Post hoc ergo propter hoc" is Latin for the fallacy of reasoning of "after this, therefore because of this." In an episode of West Wing, President Bartlet challenged the 27 lawyers in the room that at least one of them should know the meaning of this Latin phrase. In an episode of Big Bang, Sheldon also mentions this logical fallacy.
Logical Fallacy"Post hoc ergo propter hoc" is a logical fallacy referring to questionable causation, that is, "since event Y followed event X, event Y must have been caused by event X." This example is given: "The rooster crows immediately before the sunrise, therefor the rooster causes the sun to rise." Even Ernie on Sesame Street falls victim to this fallacy of reasoning in this clip where he reached the conclusion that it is the banana in his ear that is keeping the alligators away.
5th and 11th Circuit
The Court in Huss v. Gayden, 571 F.3d 442 (5th Cir. 2009) refers to this logical fallacy in the determination of the admissibility of expert testimony. The Court in Huss reviewed that it "is axiomatic that causation testimony is inadmissible if an expert relies upon studies or publications, the authors of which were themselves unwilling to conclude that causation had been proven."
More Logical Fallacies to Avoid
- "Argumentum ad Hominen" - argument directed to the person - instead of attacking the opponent's argument, the character of the opponent is attacked.
- "Argumentum ad Misericordian" - an appeal to pity - the audience is asked to accept an argument not due to the strength of the argument but rather because of the speaker's piteous circumstances.
- "Argumentum ad Populum" - the appeal to emotion - the attempt to establish its conclusion with values the speaker's audience holds dear.
- "Ignoratio Elenchi" - proving an irrelevant conclusion - attacking the "straw man".
- "Petitio Principii" - a circular argument - begging the question.
The Beatles
It is now known that the Beatles' song were full, full, full of logical fallacies, such as: sweeping generalizations ("all you need is love"), ad agnorantium/appeal to ignorance ("no where man, please listen, you don't know what you're missing"), oversimplification ("it's easy"), straw man ("everywhere there's lot of piggies living piggy lives"), and a popular idea must be correct ("I get by with a little help from my friends"). But here Paul actually warns making logical fallacies: ("Think of what you're saying, you can get it wrong, and still you think that it's all right.")
Further
Here is an explanation of further logical fallacies and critical thinking that may help a lawyer. Here is more and more and more and more and more and finally the logical fallacy that has caused some much trouble: "Home prices have not fallen since the Great Depression. Therefore, home prices will not fall."Jordan E. Bublick - Miami Bankruptcy Lawyer - Kendall & Aventura Offices - (305) 891-4055 - www.bublicklaw.com
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