Blogs

1 year 9 months ago

EIDL Loan Approved: Now What? A Comprehensive Guide for Small Business OwnersSmall Biz Trends has a very helpful article on EIDL loans. The article can be found at  https://smallbiztrends.com/2023/05/eidl-loan-approved-now-what.html
Jim Shenwick, Esq  917 363 3391  [email protected]Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15min
We held individuals & businesses with too much debt!


1 year 8 months ago

Protect Your Car With Chapter 7 Bankruptcy
In Portland, Oregon, car ownership is a common necessity for many residents. However, life can throw unexpected challenges our way, and at times, meeting financial obligations becomes difficult. If you find yourself falling behind, you may be wondering if Chapter 7 bankruptcy car payments can offer any relief.
Chapter 7 bankruptcy is a legal process designed to help individuals eliminate their debts and make a fresh start. It can be a potential solution for those who are struggling with overwhelming financial burdens, including car loan payments. However, it’s important to understand the implications, limitations, and potential benefits before considering this option.
If you’re dealing with unmanageable debt and unsure what to do, let our attorneys at Northwest Debt Relief Law Firm help you. It is always advisable to consult with an Oregon bankruptcy attorney who can evaluate your unique circumstances and provide guidance tailored to your specific needs. Contact us today for free debt solution consultations. 

If You Are Behind in Your Car Payments, Can Chapter 7 Help in Oregon, Portland?
If you are behind in your car payments in Oregon, specifically in Portland, Chapter 7 bankruptcy may provide some relief, but it is important to understand its implications and limitations.
Chapter 7 bankruptcy is a legal process designed to help individuals eliminate their debts and obtain a fresh financial start. It involves liquidating non-exempt assets to repay creditors, and any remaining eligible debts are discharged, providing a clean slate for the debtor.
When it comes to car payments, Chapter 7 bankruptcy can potentially provide relief in a couple of ways:

  • Automatic Stay: Filing for Chapter 7 bankruptcy initiates an automatic stay, which puts a halt to all collection efforts, including car repossession. This means that if your vehicle is at risk of being repossessed due to missed payments, the automatic stay can temporarily stop the repossession process, giving you time to evaluate your options.
  • Discharge of Unsecured Car Loan Debt: If you have an unsecured car loan, meaning the vehicle does not serve as collateral for the loan, Chapter 7 bankruptcy can potentially discharge the debt entirely. However, it’s important to note that if you wish to keep the vehicle, you may need to reaffirm the debt with the lender and continue making payments.

It is crucial to consult with a bankruptcy attorney to understand the specific implications of Chapter 7 bankruptcy on your car payments in Portland, Oregon. They can evaluate your unique circumstances, review the details of your car loan, and guide you through the process. Additionally, keep in mind that certain car loans may have exemptions or special treatment under bankruptcy laws, so it is important to have a clear understanding of how your specific loan will be affected.

What are the Common Car Resolution Options in Chapter 7?
In Chapter 7 bankruptcy, when you’re behind on car payments, there are a few common options available to address the situation:

  • Surrender the car: If you no longer want to keep your car or find it financially burdensome, you have the option to surrender it to the lender. By surrendering the car during Chapter 7 bankruptcy, you can eliminate any further obligations associated with the vehicle. If the lender is unable to sell the car for its worth, you won’t owe any deficiency balance.
  • Purchase a cheaper car later: If you are able to eliminate a significant amount of other debts through Chapter 7 bankruptcy, it may become easier to save money and purchase a more affordable car in the future. By focusing on rebuilding your financial stability post-bankruptcy, you can work towards acquiring a car that fits within your new budget.
  • Negotiate a payment plan: Although Chapter 7 bankruptcy doesn’t typically allow for catching up on car loan arrears, you can still attempt to negotiate a payment plan with your lender. Through a reaffirmation agreement, you may be able to work out a new payment arrangement that suits your financial capabilities. It’s important to note that by reaffirming the car loan, you are creating a new contract and will be responsible for any deficiency balance in the future.

It is essential to consult with a bankruptcy attorney to understand the specific implications of these options in your Chapter 7 bankruptcy case. They can provide guidance based on your individual circumstances and help you navigate the process while ensuring your rights and interests are protected.

Researching Car Payments
Researching car payments is a crucial step in making informed financial decisions and ensuring that car ownership remains affordable. By conducting thorough research, individuals can gather valuable information about loan terms, interest rates, and financing options available to them. Here are some key aspects to consider when researching car payments:

  • Online car payment calculators: Utilizing online car payment calculators can provide individuals with a clear understanding of how loan terms and interest rates impact their monthly payments. By inputting variables such as loan amount, interest rate, and loan duration, these calculators can generate accurate estimates of monthly payments, helping individuals assess affordability.
  • Local resources for car payment information: Seeking information from local resources can provide valuable insights into car payment options. Visiting car dealerships allows individuals to explore different financing options they offer, including promotions, incentives, and special financing terms. Additionally, credit unions and banks in Portland can provide information on loan options, interest rates, and credit requirements, enabling individuals to compare and choose the most favorable financing terms.

By leveraging online resources and local information, individuals can conduct thorough research on car payments. This research empowers them to make informed decisions, negotiate favorable loan terms, and ensure that their car payments align with their budget and financial goals.

Contact Our Oregon Bankruptcy Lawyers Now!
If you find yourself behind on car payments and considering Chapter 7 car payments in Portland, Oregon, it’s important to be aware of the options available to you. While it may not be easy to retain your car in Chapter 7 when you’re behind on payments, there are potential solutions to explore.
Whether it’s surrendering the car to the lender, planning to purchase a more affordable vehicle in the future, or negotiating a payment plan with your lender, understanding the implications of each choice is crucial. Consulting with a knowledgeable bankruptcy attorney is highly recommended, as they can provide personalized guidance and ensure that you make informed decisions that align with your financial goals.
If you’re seeking free debt solution consultations in the Portland area, consider reaching out to Northwest Debt Relief Law Firm. Their experienced team can provide expert advice tailored to your unique circumstances. They can help you explore various debt relief options, including Chapter 7 bankruptcy, and guide you towards a path of financial stability.
Remember, facing overwhelming debt can be challenging, but seeking professional assistance can provide valuable support during these times. Take the first step towards a fresh financial start by contacting Northwest Debt Relief Law Firm for a free debt solution consultation. 


1 year 9 months ago

Yahoo Finance has a very informative article on filing for personal  bankruptcy? The article can be found at https://finance.yahoo.com/news/file-bankruptcy-195833314.html

Jim Shenwick, Esq  917 363 3391  [email protected]
Please click the link to schedule a telephone call with me.

 https://calendly.com/james-shenwick/15min
We held individuals & businesses with too much debt!


1 year 9 months ago

 Bankruptcies are skyrocketing — and that’s only half the story. Interesting article about the increase in bankruptcy filings in The Hill. URL for the story is below.
https://thehill.com/opinion/finance/4011001-bankruptcies-are-skyrocketing-and-thats-only-half-the-story/
Jim Shenwick, Esq.  917 363 3391  [email protected]
We help individuals & companies with too much debt!


1 year 9 months ago

 Jim Shenwick is proud to announce that our new & improved website can be viewed at https://sites.google.com/site/jshenwick/home
Jim Shenwick, Esq 917 363 3391 [email protected]


1 year 9 months ago

 Yahoo Finance is reporting that "Repeat Bankruptcies Are Piling Up at Fastest Rate Since 2009".  The article can be found at 
https://finance.yahoo.com/news/repeat-bankruptcies-piling-fastest-rate-183531003.html?guccounter=1

Jim Shenwick, Esq  [email protected]   917 363 3391We held individuals & companies with too much debt!


1 year 9 months ago

Offers In Compromise ("OIC") for Defaulted SBA EIDL loans and Section 108 of the Internal Revenue Code ("IRC"), Relief of Indebted  Income, a Trap for the Unwary!Many clients contact Jim Shenwick, Esq regarding assistance with their defaulted SBA EIDL loans and ask that we assist them with filing an OIC with the SBA.BACKGROUNDBy way of background, if an individual or a company borrows money from the SBA and is unable to repay their loan, one option is to file an OIC with the SBA, requesting that they be allowed to pay only a portion of the money's due on the defaulted EIDL loan as final and full payment for the SBA loan. For example, let's assume that an individual borrowed $200,000 on an EIDL loan and hypothetically offered $25,000 as a lump sum payment to the SBA as a final and full payment on the defaulted SBA loan (OIC offer) The SBA OIC program is similar to the OIC program for outstanding taxes owed to the IRS. Historically, to file for an OIC  with the SBA, the business had to  close. However, recently the SBA has changed their rules, and they are now allowing individuals or businesses with defaulted SBA loans to file an OIC even if the business is still open. The SBA has an Offer in Compromise form that must be filed, in addition to other forms, that detail the business’s assets, liabilities, revenue, & expenses and why the SBA EIDL loan cannot be repaid.However, filing for an offer in compromise with the SBA may not benefit the borrower because it may result in taxable income resulting from relief of indebtedness income pursuant to Section 108 of the IRCLAWSection 108 of the Internal Revenue Code, provides that if an individual or a business borrows money and does not repay that money, the amount that is not repaid is considered ordinary income. For example, assume an individual borrows $100,000 from a bank and repays $50,000; according to the IRS, the taxpayer has been enriched to the sum of $50,000, and the bank is required to report "relief of indebtedness income" of $50,000 to the IRS on Form 1099-C. If the taxpayer does not report this income to the IRS, they will be audited and assessed interest and penalties on the taxes they did not report and pay. There are two exceptions to "relief of indebtedness income" The first exception, is the Bankruptcy Exception (see Section 108(a)(1)(A) of the IRC). If an individual or business files for bankruptcy, they do not have to report relief indebtedness income. The second exception is  the Insolvency Exception, (see Section 108(d)(3) of the IRC). If an individual's or company's liabilities exceed their assets on the date that the loan is satisfied, partially paid off or discharged, they also do not have to pay relief of indebtedness income. An example of the Insolvency Exception is as follows: an individual owns real estate and personal property worth $250,000, has liabilities totaling $500,000 (Insolvent). Under this scenario, if the taxpayer  had $200,000 of relief of indebtedness income (since their liabilities exceed their assets) they  would not have to  pay tax on the $200,000 of a relief of indebtedness income.Accordingly, taxpayers and their advisors make the mistake of filing for an OIC with the SBA, without considering the tax consequences of that decision. If they do that, they will have effectively traded an SBA problem (the defaulted SBA EIDL loan) with an Internal Revenue Service relief of indebtedness income problem in the near term.For example, assume a taxpayer had an LLC which borrowed $200,000 from the SBA in the form of an EIDL loan. The LLC  was unable to repay the EIDL loan, and their plan was to file an offer in compromise with the SBA in the amount of $25,000. Assume that  the taxpayer  who owned the LLC also had a $1 million pension plan. If this taxpayer were to file for an OIC with the SBA,  and if the OIC offer were accepted by the SBA, the  taxpayer would have to report $175,000 of ordinary income on their tax return ($200,000-$25,000),  provided that the Bankruptcy Exception and the Insolvency Exception do not apply. If the taxpayer was in a 30% tax bracket, they would have to pay $52,500.00 ($175,000 x 30%) in taxes in addition to the $25,000 they paid to the SBA (for the OIC) for a total of $77,500. In the above scenario, if  the LLC had filed for chapter 7 bankruptcy, they could have avoided paying the SBA $25,000 (OIC) and saved $52,500 in taxes—a better result for the borrower.The bottom line is that prior to filing for an OIC with the SBA, an individual or business considering making an offer must consider the tax consequences of the offer as well! Clients or advisors with questions about defaulted EIDL loans are encouraged to contact Jim Shenwick, Esq.  [email protected]   917 363 3391.Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minJim is a Bankruptcy and Workout attorney with an LLM in Taxation from NYU Law School and he has SBA EIDL default experience. Jim Shenwick SBA EIDL Blog Posts:
EIDL LOAN WORKOUTS AND BANKRUPTCY https://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy....

EIDL Loan Default Questions & Answers
https://shenwick.blogspot.com/2022/10/eidl-loan-default-questions-answer...

EIDL LOAN DEFAULT DOCUMENT REVIEW, WORKOUT, BANKRUPTCY FILING & OFFER IN COMPROMISE
https://shenwick.blogspot.com/2022/07/eidl-loan-default-document-review....

EIDL Defaulted Loans
https://shenwick.blogspot.com/2022/07/eidl-defaulted-loans.html

New Relief Program for SBA EIDL Borrowers Who are Having Difficulty Repaying EIDL Loans " Hardship Accommodation Plan"
https://shenwick.blogspot.com/2023/05/new-relief-program-for-sba-eidl.html

EIDL LOANS and SBA OFFER IN COMPROMISE PROGRAM
https://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compro...

PPP & EIDL Fraud
https://shenwick.blogspot.com/2022/08/ppp-eidl-fraud.html

Better to connect-What small business owners need to know about repaying loans tied to pandemic relief from the SBA EIDL Loans
https://shenwick.blogspot.com/2022/11/better-to-connect-what-small-busin...


1 year 9 months ago

Bankruptcy Means Test Inflation Adjustment for Family of Two Goes the Wrong Way Budgeting food and clothes in the bankruptcy court for a family of two just got harder. According to the Justice Department (who gets them from the IRS, who gets them from the Bureau of Labor Statistics), the average cost of food, clothing […]
The post Inflation Adjustment for Family of Two Goes the Wrong Way by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.


1 year 9 months ago

Bankruptcy Means Test Inflation Adjustment for Family of Two Goes the Wrong Way Budgeting food and clothes in the bankruptcy court for a family of two just got harder. According to the Justice Department (who gets them from the IRS, who gets them from the Bureau of Labor Statistics), the average cost of food, clothing […]
The post Inflation Adjustment for Family of Two Goes the Wrong Way by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.


1 year 9 months ago

June 24, 2020

CNBC

Key Points

  • Small
    businesses have received nearly $630 billion in combined funding
    through the Paycheck Protection Program and the Economic Injury Disaster
    Loan program.
  • Nearly a quarter of small businesses are considering closing permanently due to Covid-19, one survey found.
  • All PPP loans and EIDL loans of less than $25,000 have terms that are relatively favorable to borrowers if they need to close.

FOR MORE BLOG POSTS ABOUT SBA EIDL LOANS SEE:EIDL LOAN WORKOUTS AND BANKRUPTCY https://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.html
EIDL Loan Default Questions & Answers
https://shenwick.blogspot.com/2022/10/eidl-loan-default-questions-answers.html

EIDL LOAN DEFAULT DOCUMENT REVIEW, WORKOUT, BANKRUPTCY FILING & OFFER IN COMPROMISE
https://shenwick.blogspot.com/2022/07/eidl-loan-default-document-review.html

EIDL Defaulted Loans
https://shenwick.blogspot.com/2022/07/eidl-defaulted-loans.html

New Relief Program for SBA EIDL Borrowers Who are Having Difficulty Repaying EIDL Loans " Hardship Accommodation Plan"
https://shenwick.blogspot.com/2023/05/new-relief-program-for-sba-eidl.html

EIDL LOANS and SBA OFFER IN COMPROMISE PROGRAM
https://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compromise.html

PPP & EIDL Fraud
https://shenwick.blogspot.com/2022/08/ppp-eidl-fraud.html

Better to connect-What small business owners need to know about repaying loans tied to pandemic relief from the SBA EIDL Loans
https://shenwick.blogspot.com/2022/11/better-to-connect-what-small-business.html


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