Blogs
By Jessica Bruder
On a Monday morning in early February, Neil Weiss sat at his kitchen table in Cherry Hill, New Jersey, nursing a cup of coffee while checking messages on his iPad.
A text had arrived at 5:25 a.m. “Making it count.”
Weiss — the 51-year-old owner and editor of Black Car News, a trade publication serving drivers of New York’s 84,000 “for hire” black cars — wasn’t sure what that meant. The sender was Doug Schifter, 61, who had driven taxis and black cars in New York City for over four decades. Starting in 2014, he had also written a column called “The Driver’s Seat” for Weiss. Over the course of more than 45,000 words, Schifter had gone from griping about traffic tickets and pedestrians “running amok” to thundering about the impending collapse of the industry, which would cause “massive pain and problems for hundreds of thousands of people.” He lambasted politicians for letting Uber and other app-based services flood the market with new drivers, ratcheting up competition and depressing wages. And he begged his fellow workers to band together to demand dignity and a fair day’s pay.
“We are facing extinction,” he wrote. “The time to organize is NOW!”
That morning, Schifter had posted what appeared to be a fresh column on Facebook. Weiss skimmed parts of it. Maybe, he figured, the early-morning text — “Making it count” — had been Schifter’s way of telling his editor he’d made a new commitment to writing. So at 10:07 a.m., Weiss texted him back: no words, just a big thumbs-up.
Soon after, the phone rang. It was a reporter from the New York Post. “Do you have a comment about what happened to Doug Schifter?” she asked Weiss.
“What do you mean?” he said.
Just after sunrise, the reporter told him, Schifter had pulled up to the east gate of City Hall in a black car. Then, without so much as unbuckling his seat belt, he had parked, pointed a shotgun at his face, and pulled the trigger.
Weiss said he couldn’t talk. He hung up the phone and wept.
At the time of his death, Doug Schifter had driven — over 44 years and 4.5 million miles — the equivalent of more than 180 times around the Earth. He drove everything from a yellow Chevy Caprice to black Lincoln Town Cars, luxury SUVs, 80,000-pound tractor-trailers, and RVs. Like many drivers, he regaled his family with tales of having chauffeured the famous (Billy Crystal, Henry Winkler, Marc Anthony) and the otherwise notable (an ambassador, a CBS sportscaster, Michael Bloomberg’s daughters).
Schifter had been driving since his late teens. Growing up in Canarsie, he had been an introvert, quiet and reserved; his family liked to brag that, by age 4, he could read and comprehend the New York Times. While other kids gathered in the streets for pickup games of stickball and skelly, Doug, a big kid with thick glasses in dark plastic frames, preferred the company of books. What sort of books?
“The kind with paper in ’em,” jokes George Schifter, one of Doug’s two younger brothers, now a retired Air Force veteran. “I’m serious. He read everything.”
That didn’t make high school easy. After flunking gym prevented him from graduating, Doug realized he could earn more money driving a cab than helping out at his father’s service station on Flatlands Avenue in Canarsie, a few blocks from where he grew up. He got a taxi license and moved out of his parents’ house. In those days, a 40-hour week at the wheel was enough to pay the bills. Though he soon got his GED, the road became Schifter’s life, eclipsing all else. He lived alone. He didn’t date. In the early 1980s, he bought his own taxi medallion — back then they cost around $55,000 — and got a yellow cab, which he rented half-time to another cabbie. “I was a street legend,” he later boasted on Facebook.
“Douglas took pride — a tremendous amount of pride — in his driving skills,” George recalls. “He could go from Kennedy airport to lower Manhattan in 19 minutes. And he had to use the sidewalk a few times.”
In the 1990s, after selling his yellow-cab medallion, Schifter started driving Lincoln Town Cars for a black-car service called XYZ. Driving a black car was a big step up from being a cabbie. When the market was strong, cabbies could make $30,000 a year, while black-car drivers could take home $100,000. “Ten years ago, the earning potential for the black-car industry was still decent,” Weiss says. “It was solid because you had all these corporate clients.” Black cars drove titans of finance and white-shoe attorneys. They didn’t rely on the vagaries of customers hailing them on the street. Doug’s work wardrobe reflected his new station: fine linen jackets and tailored shirts, a full-length wool coat for winter. “He dressed to the nines,” George says. “Sharp, you know?”
Like being a cabbie, driving a black car came with a built-in community — a fraternity of drivers who bonded over lives lived behind the wheel. While he was working for a service called Dial Car — a booming Brooklyn operation founded before the city even began handing out permits for black cars — Schifter became friends with Sultan Faiz, an Afghan refugee who lived in Flushing with his wife and daughter. At six-foot-four, with a serious expression, Schifter could come off as intimidating.
“But if you ask him for the shirt off his back, he will give it to you,” Faiz recalls. “At the same time, he would not allow anybody to take his kindness as weakness. For that principle, I loved him.” As they idled in taxi holding pens at the airport, waiting for a fare, Schifter and Faiz would sit in each other’s passenger seats talking about food and religion (Faiz is Muslim; Schifter was Jewish). Whenever one of them clocked in, he would scan the dispatch list for the radio number of the other — 410 for Schifter, 248 for Faiz. Faiz’s daughter, Aisha, called Schifter “Uncle Doug.”
In 2004, with the money he made driving a black car, Schifter bought a split-level house nestled at the edge of a state forest in the Poconos, 110 miles west of Manhattan. He made the place his sanctuary, setting up a hammock on the back deck and building a library of 400 cookbooks. He made ice cream, baked bread, and marinated meat for barbecue, an obsession for which he’d amassed three smokers, a kamado-style ceramic grill, a commercial deli slicer, and a vacuum sealer. He loved sharing new dishes with his fellow drivers; once he drove all the way from the Poconos to Queens to deliver some halal fried chicken he’d prepared for Faiz, who had been hospitalized with an autoimmune disease.
Living so far from the city was hard. Commuting to midtown took two and a half hours — on the rare occasions that there wasn’t any traffic. One winter morning in 2005, Schifter was up and preparing for work at 2 a.m. He’d been housebound, getting over a nasty cold, and he was eager to get on the dispatcher’s list for morning fares. As he left the house in the dark, he didn’t see the black ice coating the front path. He slipped, bumping down eight stairs and shattering his right hip.
Schifter yelled for help, but no one came — his house was out in the woods, and his nearest neighbors were likely fast asleep. Lying alone in the cold, he dialed 911 on his cell phone. He spent the next 45 minutes waiting for an ambulance.
The surgery went well but laid him up for 90 days, leaving him with little to do but sit and watch the bills roll in. There were huge medical expenses, along with car, mortgage, and insurance payments.
Since he wasn’t driving, he had no income, and Schifter hadn’t prepared for a time when he couldn’t work. “Money always burned a hole in his pocket,” George recalls. “He was always giving it away.”
Schifter’s family chipped in to cover the shortfall, but he felt ashamed about taking help from his brothers and mother. “It was the last thing on earth I wanted to happen,” he later wrote. “The despair was overwhelming.”
Then things got worse. Scared of falling further behind on the bills, Schifter hurried back to work before he’d fully healed from the hip replacement. A week after he started driving again, as he stopped at a red light in Times Square, his car was rear-ended. The crash reinjured his hip. That meant another six weeks off. Schifter was forced to declare bankruptcy. Once he was back on his feet, he began working harder than ever. “He lived in his vehicle,” George recalls. Unable to spare the time to drive home to the Poconos, Schifter slept in his car most nights, parking at a rest stop near the next morning’s job. He kept two suits in rotation, making frequent visits to a dry cleaner. He showered at truck stops.
Over the next decade, the parade of health problems continued. A gastric bypass to control his diabetes led to an abdominal infection; his body took five months to heal. Doctors found a cancerous tumor in his large intestine and performed surgery to remove it. A driver backed into his car in a Dunkin’ Donuts parking lot, rupturing a disc in Schifter’s neck. He couldn’t afford surgery. The pain was exacerbated by long hours in the driver’s seat. “He had to work through that,” George says. For a black-car driver like Schifter, it was not a good time to stumble into a financial crisis. Not long after its founding in 2009, a San Francisco start-up called Uber went looking for new markets to conquer with its app-based ride service — and New York’s antiquated, dysfunctional taxi system made it the perfect target for disruption.
The number of taxi medallions — the de facto operating permits issued for yellow cabs — had stagnated at around 13,500, roughly unchanged since the Great Depression. That was good for drivers, who never had to look long for a fare; great for medallion owners, whose share of the yellow-cab monopoly appreciated faster than New York real estate; and not so great for riders, who often couldn’t hail a cab when they needed one, especially if they were anywhere beyond midtown or downtown Manhattan. Passengers could take a “for-hire vehicle” — including livery cabs, limos, and black cars like the one Schifter drove. But those rides had to be prearranged by phone and could be costly. After Uber arrived in New York, the price of taxi medallions plunged from $1.3 million to $120,000. Uber seized on the opportunity. In May 2011, it launched in New York with 100 cars and three promises: a living wage for drivers, a better experience for riders, and big returns for investors. The pitch worked. Over the next six years, as the company blazoned the city with an ad campaign offering drivers the ultimate gig-economy opportunity to “side hustle” their way into the middle class, the number of for-hire vehicles in New York swelled from 39,708 to 102,536.
Uber’s rapid expansion was good for passengers, who could suddenly summon a ride from anywhere in the city. But it was disastrous for almost everyone else. With more cars on the streets, traffic in the city got even slower and more congested. Investors poured more than $21 billion into the company, which has yet to turn a profit. (Uber posted $4.5 billion in losses last year alone, subsidizing rides in an all-out effort to establish a monopoly.) And according to one estimate, the company’s drivers — after paying for gas, maintenance, and Uber’s commission of 25 percent on every fare — took home barely $10 an hour on average. Last year, Uber agreed to shell out more than $80 million for underpaying drivers in New York — a systematic practice it blamed on an accounting error — and in January it agreed to pay $3 million to settle a class-action suit by New York drivers who accused it of levying excessive fees on their fares.
Veteran drivers like Schifter were hit especially hard. In the course of only a few years, Uber gutted the black-car and livery businesses, both of which had been reliable sources of income for working-class New Yorkers for generations. Cabbies also suffered: From June 2014 to June 2015, according to one analysis of city data, the number of Uber pickups in Manhattan soared by 1.4 million, while the number of taxi pickups plunged by 1.1 million. At the same time, the price of taxi medallions — which peaked at a record $1.3 million in 2014, when Uber was still ramping up — took a steep dive. In January, one sold for $120,000.
In his column in Black Car News, Schifter railed against what he recognized as unfair competition. For decades, drivers had spent their own money to build what the city had effectively promised would be a municipally regulated monopoly on for-hire vehicles, investing hundreds of millions of their hard-earned dollars to buy city-issued medallions and pay for vehicles. Then, almost overnight, the long-standing rules of supply and demand were upended. “The customers just don’t care,” Schifter lamented in one column, essentially summing up Uber’s entire business model. “They want the lowest price, no matter what.”
Everywhere he looked, Schifter saw the signs of an impending taxi apocalypse. One cabdriver told Schifter that he used to work five days a week and take home $1,000. Now he was driving seven days a week and taking home $800. One day, at the Flushing subway terminus, a friend of Schifter’s saw 30 cabs waiting on fares. In the pre-Uber days, there used to be only four. At JFK, Schifter watched as the taxi lot began to overflow with more waiting vehicles than he’d ever seen. “There apparently was not enough work in the city and they drove empty to JFK in desperation to get a job,” he wrote. “The Taxi & Limousine Commission and city government, as well as the state, are clueless as to the ticking time bomb they created.”
Black cars, by their very nature, are even more vulnerable to competition from Uber, which offers customers less hassle and a lower price for a similar service. In 2015, Schifter spent an entire Wednesday evening on call, and for the first time in his four decades of driving, not a single job came through. There were times when he averaged less than $4 an hour — and that was before expenses. In April 2017, on the third anniversary of his column, Schifter told readers that he had been spending up to 120 hours each week on call in the city. But despite working every single day, for more than 17 hours a day, he got only 20 jobs. “My income is down 50 percent in the past two years!” he lamented. And unlike other drivers, he wasn’t willing to go to work for the enemy by moonlighting for Uber or Lyft to supplement his dwindling income.
For Schifter, his column was more than a place to express his frustration and anger. It was a spiritual quest — the closest he came to a higher calling. One day, on a long drive to Connecticut, one of his clients suggested a book he had never heard of: Many Lives, Many Masters, a best seller with more than a million copies in print. He ordered it overnight express and devoured it the next day.
Although Schifter had always referred to himself as a “natural skeptic,” that hadn’t kept him from puttering around the existential void, seeking a semblance of order and purpose in what had become a very hard life. The book’s author, a psychiatrist named Dr. Brian Weiss, claimed that he, too, had once been a hard-nosed skeptic. But after he treated a patient who described having 86 past lives, Weiss wrote, she connected him with spiritual beings called “the masters,” whose wisdom transformed his life.
The whole thing sounded implausible, but Weiss held degrees from Columbia University and Yale Medical School. He had been featured in the New York Times and interviewed by Oprah Winfrey on national television. Schifter urged George and Faiz to read the book, hoping they would be moved by its message. The book’s teachings were essentially a Whitman’s sampler of the world’s religions, advising readers that acts of charity, hope, and love could advance the immortal spirit. The highest purpose of humanity, Weiss added, was learning: gaining knowledge and passing it along to others.Schifter found that purpose in his column. Sitting in his car, waiting for jobs that came less and less often, he poured out his wisdom on his iPad. He addressed his readers as “Brothers and Sisters,” proposing a concrete plan of action. “We will all be slaves to Uber,” he warned, offering to play the role of Spartacus. “I am seeking to organize drivers into a fighting army of thousands … Be part of an established tradition of fighting tyranny.” And he promised a bright future on the far side of victory: “If we work together, then everyone will have a better life and the true ‘American Dream.’ ”
In July 2016, to galvanize his fellow drivers and launch the revolution, Schifter created a Facebook group called NY Black Car Drivers Association. “If there are too many vehicles on the street, the system (and its drivers) will be devastated,” he had warned not long after launching his column. “If you look back at the dawn of the industry, it was evident what can happen when too many vehicles overran the streets — robberies, killings, battles between the drivers themselves, etc.”
Schifter was referring to the Great Depression, when unemployed men flooded the taxi industry, creating more supply than the market could bear. Thousands of cabbies chased a shrinking pool of riders. Fares plunged. Desperate drivers tried working 20-hour days and still couldn’t make enough to get by. In 1934, a peaceful strike devolved into a riot when a mob of angry drivers began beating scabs and setting vehicles on fire all over the city. After a few false starts at regulation, the city eventually capped the number of cabs, creating the modern-day taxi-medallion system.
Now, in the midst of another industrywide depression — with Uber drivers flooding the streets — Schifter urged his brothers and sisters to band together and join his newly created association. “He knew that his fellow drivers were going through what he was going through,” Neil Weiss says. “And that bothered him, probably more than anything.”
A few friends liked the page to show their support. But the cavalry Schifter had summoned didn’t answer the call. Desperate, in search of guidance from the man who had inspired him, he tried to contact Dr. Weiss on Facebook. “I believe I am here for a purpose other than just for me,” Schifter wrote. “I am trying to find the answers. Do you have any suggestions?”
The post was public. It received no response.
Despite working around the clock, Schifter saw no chance of turning his life around. His body was a wreck, and hours behind the wheel had only exacerbated the chronic pain in his neck and hip. He was deep in debt, and his income had slowed to a trickle. “He was suffering from all this pain and difficulties with his finances. He couldn’t keep up anymore,” George recalls. “It was too much of a drain on him.”
In conversations with Faiz, Schifter blamed politicians for flooding the streets with cabs. But last summer, he also hit on a new idea to rouse the public to action: He wanted to end his life. And he would turn his death into an unavoidable call to arms.
The same book that had given Schifter a sense of purpose now gave him comfort. Death, he believed, is an illusion. “Reincarnation is reality,” he wrote on Facebook. “Many Lives, Many Masters by Dr. Brian Weiss was my breakthrough discovery that established it.” When he told Faiz about his plan, his friend was devastated. “Don’t even think about it,” Faiz told him. Appealing to Schifter’s spiritual side, he pointed out that most religions forbid suicide.
But by last fall, Schifter had made up his mind. That Halloween, the engine on the black SUV he used for work — a GMC Yukon Denali XL — died for a second time. There was no money for the repair, and the car seemed determined to fall apart, so Schifter decided to let it go. “That was the final straw,” George says. That same month, Black Car News ran the last installment of his column, with the author credit in the past tense: “Douglas Schifter was an executive chauffeur and a professional driver.”
After Schifter missed a mortgage payment, his family invited him to come live with them. Friends offered to help him find work. But Schifter was unconvinced that anything would be enough to pay off his $75,000 in debt. He knew he was going to lose his home, and, at his request, George helped him start moving his possessions into storage. “We would sit down and we’d talk about life, our lives together, family,” George recalls. “Not a day went by when I didn’t ask him to change his mind.”
But he didn’t. In January, George tried to confiscate the shotgun that Schifter kept hidden in his bathroom cupboard. George waited until his brother was asleep, then stashed the gun in his truck for safekeeping. Schifter woke up a few hours later, and somehow he knew.
“Give it back to me!” Schifter thundered.
George, who saw his brother as a gentle giant, was surprised.
“There’s no reason for you to yell at me,” he told Schifter. “I don’t deserve it.”
Schifter welled up in tears and apologized. But he insisted on taking back the gun.
When George returned to his home in Orlando, he told their older brother, Paul, what had happened. Paul called the police to report that Schifter was in imminent danger of taking his life. But when officers paid a house call, Schifter told them everything was fine.
In early February, George and Matt, the family’s youngest brother, drove back to the Poconos. On the way, they kept in frequent touch with Schifter from the road, checking in with him on his landline, since his cell phone had been disconnected. When they arrived that Sunday, shortly after noon, Schifter was already gone, but he’d left the lights and heater on for them.
The next morning, a shotgun blast erupted from a rental car at the east gate of City Hall. A frenzy ensued. Was it terrorism? Police responded, taping off the scene. Traffic was halted on the Manhattan-bound side of the Brooklyn Bridge. The bomb squad came to check for explosives. All they found in the car was Schifter, lifeless in a crisp white shirt and dress pants. Next to him, inside a Ziploc bag, was a photograph of a clean-shaven kid standing in front of the American flag. It was a photo of George, from his days in basic training in the Air Force; on his recent visit, he had urged Doug to keep it with him, so he wouldn’t feel alone.
In his suicide note, Schifter made clear what had driven him to take his own life. “Due to the huge numbers of cars available with desperate drivers trying to feed their families,” he wrote, “they squeeze rates to below operating costs and force professionals like me out of business. They count their money and we are driven down into the streets we drive becoming homeless and hungry. I will not be a slave working for chump change. I would rather be dead.”
But at the press conference about Schifter’s suicide, Mayor Bill de Blasio downplayed Schifter’s parting explanation. “Let’s face it,” he told reporters. “For someone to commit suicide, there’s an underlying mental-health challenge.” De Blasio was hardly in a position to diagnose Schifter. There was, in fact, no evidence that Schifter was mentally ill — just a long written record, published over the course of three years in Black Car News, that underscored how the upheaval in the taxi industry had left him physically impaired, financially desperate, and emotionally devastated. De Blasio himself had done little to rein in Uber, backing down on a cap he had proposed placing on app-driven services. “I heard you were going to end the cruelty to the Central Park horses,” Schifter had addressed de Blasio in one of his columns. “How about ending the government’s cruelty to us?”Schifter wasn’t even the first driver to kill himself. Two months earlier, in separate incidents, two livery drivers — Alfredo Pérez and Danilo Corporán Castillo — had committed suicide. Castillo, 57, had jumped from the roof of his Harlem apartment building after learning that he might lose his license for picking up unauthorized street hails. In his pocket, a suicide note was scrawled on the back of a summons from the Taxi & Limousine Commission.
When Schifter’s death made the cover of Black Car News, letters poured in from supportive readers. One called on de Blasio to name the east gate of City Hall “Doug Schifter Way.” Another compared Schifter to Thích Quang Duc, the Buddhist monk who set himself ablaze on a Saigon street in 1963, and to Mohamed Bouazizi, the Tunisian street vendor whose self-immolation in 2010 helped spark the Arab Spring. A third likened him to Nelson Mandela and Martin Luther King Jr. Someone suggested the date of Schifter’s suicide — February 5 — may not have been a coincidence; it was the anniversary of New York’s 1934 taxi riots, which gave birth to the industry that served the city and its drivers for so many decades.
And there were vigils and rallies. Protesters organized by the New York Taxi Workers Alliance, a grassroots group representing 19,000 drivers, descended on City Hall. They waved signs that read REST IN PEACE DOUGLAS SCHIFTER, OUR DRIVER BROTHER and YOUR LIFE AND DEATH WERE NOT IN VAIN. They held aloft his photograph and chanted, “Douglas! Our brother! There’ll never be another!”
Then, on March 16, there was another suicide. Gabriel Ochisor found his father, Nicanor, hanging from a metal cable in the garage of their home in Maspeth, Queens. The 64-year-old Romanian immigrant had been a yellow-cab driver for more than 25 years. He’d watched the value of his medallion drop by more than a million dollars, his retirement evaporating before his eyes.
One hundred drivers returned to City Hall with their signs. They lined up at the east gate, where Schifter had ended his life, and shuffled through a metal detector. They gathered around photographs of the dead, then scattered flowers on four prop coffins—the kind you might get at a Halloween store — before climbing the steps of City Hall. There, they took up a chant: “No more loss! No more death! We need action now!”
One cabbie, addressing the protesters, observed that the turnout would have been bigger if drivers could afford to show up. “They need to be out working!” he barked. “They don’t have the luxury to come out here and protest.” Then, after an hour of chanting and speeches, everyone put down their signs and headed back to work.
© 2018, New York Media LLC. All rights reserved.
Collection lawsuit papers are NOT like all the rest of the collection letters that have likely been piling up for months. There are usually real consequences to a lawsuit. If you get served with a lawsuit, it’s understandable if you believe that there is nothing you can or should do about it. But doing nothing is almost never a good idea.
Why not?
- Doing nothing usually has bad consequences: Lawsuits are not cheap for the creditor or collection agency. Often it only pays the costs of filing that lawsuit because it has checked you out and it believes that it will get back what it paid and a whole lot more out of you because of that lawsuit. In fact, the creditor/collector is often directly targeting the way it expects to get paid by you—by garnishing your bank or credit union account or paycheck, by putting a lien on your home, or simply squeezing you to pay whatever way you can.
The majority of lawsuits end up as “default judgments,” judgments in favor of the creditor because the consumer did not respond by the deadline. At the least, that allows the creditor to tack on a bunch of additional fees, making you legally liable for them as well. Often the judgment allows them to start separating you from your precious money, often in ways that most hurt you. A judgment gives the creditor serious advantages. Don’t allow that to happen. Find out the consequences right away after you’ve been served, because you have only a few days to learn and act on your options.
- Doing nothing results in much more than just an admission that you owe the debt: The “complaint” that is the main document of the lawsuit usually states that you owe a debt, have not paid it, and now owe the whole debt, plus related interest, attorney fees and the costs. In most situations, these allegations seem to be true, so you assume you can’t fight back. The point to fighting back is that once the deadline to respond passes and a judgment is entered against you, that closes the door to some important rights:
- a) Your right to raise possible defenses. Collection agencies are often either not careful about whether the debts they are pursuing are legally valid, or purposely pursue invalid or at least highly questionable debts. After all, if consumers seldom object and just allow judgments to be entered by default, you can see why the collectors sometimes don’t worry much about how solid their lawsuit really is. So it’s worth having an attorney review the complaint to see if the statute of limitations on the debt has expired, or if they are even suing the right person, or if you have some other defenses. Once a judgment is entered against you, it becomes either impossible or extremely difficult to raise any such defenses.
- b) Your right to raise counterclaims. A counterclaim is your argument that the creditor did something wrong—usually either in the way the debt was created or in how it was collected—which has damaged you in the eyes of the law, and so the creditor owes you money. If you allow a default judgment against you, that could take away your ability to raise the counterclaim, or at least take away the leverage from that counterclaim just when you need it most.
- c) Your right to dispute facts which go beyond you simply owing the debt. Some debts are more difficult to write off in bankruptcy once a judgment is entered on certain damaging facts. So you should have an attorney review the lawsuit before it becomes a judgment to avoid being at a disadvantage if you ever need to file bankruptcy.
- Doing nothing especially doesn’t make sense when you have an easy and wise alternative: Any lawsuit is a serious matter, one that you need to fully understand. You need legal advice about it, but often it’s hard to know where to turn for it. Unfortunately, most consumers do not have an attorney in the way that most people have a family or primary care doctor. So by the time you get sued the problems have accumulated and probably lots of questions about your debts and finances have gone unanswered.
Schedule a Free Consultation with Your Portland Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in Portland, Oregon. We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call at (503) 912-8809 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, one of our attorneys will be more than happy to offer advice on your particular situation.
The post A Few Simple Options When You’ve Been Served with a Collection Lawsuit appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Here at Shenwick & Associates, many clients, lawyers and accountants have called us regarding the discharge of taxes in bankruptcy filings. Many kinds of “old” state and federal income taxes are dischargeable in bankruptcy. In the case of income taxes, they are dischargeable in Chapter 7 if all the following criteria are met:
1. The tax is for a year for which a tax return is due more than 3 years prior to the filing of the bankruptcy petition;2. A tax return was filed more than two years prior to the filing of the bankruptcy petition;3. The tax was assessed more than 240 days prior to filing of the bankruptcy petition;4. The tax was not due to a fraudulent tax return, nor did the taxpayer attempt to evade or defeat the tax;5. The tax was not assessable at the time of the filing of the bankruptcy petition; and6. The tax was unsecured.
Section 507(a)(8) of the Bankruptcy Code provides that:
Income taxes: (i) for tax years ending on or before the date of filing the bankruptcy petition, for which a return is due (including extensions) within 3 years of the filing of the bankruptcy petition; (ii) assessed within 240 days before the date of filing the petition; (iii) not assessed before the petition date, but were assessable as of the petition date, unless these taxes were still assessable solely because no return, a late return (within 2 years of the filing of the bankruptcy petition), or a fraudulent return was filed, withholding taxes for which a person is liable in any capacity, an employer's share of employment taxes on wages, salaries, or commissions (including vacation, severance, and sick leave pay) and excise taxes on transactions occurring before the date of filing the bankruptcy petition are all not dischargeable in bankruptcy.
As part of our bankruptcy intake process, we analyze a client’s state and federal tax transcripts to determine whether their tax debts (if any) are dischargeable or not. It’s complicated by the fact that various actions by the IRS or the taxpayer can “toll” the periods of time listed above. And a recent case from the Bankruptcy Court for the Southern District of Georgia, Elkins v. IRS (In re Elkins), demonstrates the pitfalls of not calculating these dates correctly. Elkins requested an extension to file his 2001 federal income tax return. As a result, his 2001 federal tax return was due on October 15, 2002. He filed for chapter 7 relief on October 14, 2005. Both Elkins and the IRS filed motions for summary judgment regarding the dischargeability of his income taxes.
Elkins argued that a year was limited to 365 days (2004 was a leap year). He also included both the day his tax return was due and the day he filed his bankruptcy petition in his calculations. The bankruptcy court disagreed, finding that a year meant a calendar year. As a result, the bankruptcy court ruled that Elkins filed his petition one day prior to the three-year anniversary date of when his 2001 tax return was due. Therefore, the IRS's claim for Elkins’ 2001 tax liability was non-dischargeable under §§ 507(a)(8)(A)(i) and 523(a)(1)(A).
For your questions about taxes and bankruptcy, please contact Jim Shenwick.
Student Loan Debt Rises to $1.5 TRILLION in May, 2018
Life for the next 20++ years – between a rock and a hard place.
There are two types of student loans – federal and private. Federal loans have some protections for the lenders that private student loans do not. Every month lawsuits are filed by the thousands, many that are invalid, but if the borrower does not respond the court has no option but to award a judgment for the lender.
Below are five defenses may be successful in halting student loan collection cases.
The creditor cannot prove that it owns the debt.
Many private student loans are transferred by their original lender to investors through a process called securitization, in which thousands of loans are pooled together and sold as a package. Lender needs to prove that it owns the loan – Lovett v. National Collegiate Student Loan Trust 2004-1
The creditor’s business records are not admissible.
There are rules governing how business records may be used in court. In a California case, National Collegiate Student Loan Trusts v. Nohemi Macias, an appeals court ruled that an employee of a debt collection firm was not qualified to verify the creditor’s loan records and, in her testimony, “effectively conceded that she was unable to do so”, therefore the creditor had nothing to support their case.
The debt is beyond the statute of limitations for collection.
Unlike federal student loans, collection of private student loans are controlled by the state and eventually the lender may lose their right to collect the debt. In an Arizona case, National Collegiate Student Loan Trust 2004-2 v. Gallagher, an appeals court found that the creditor waited too long to sue because it was outside Arizona’s six year statute of limitations for breaching a written contract. (Note – each state has a different statute of limitations for contract obligations).
The creditor is not licensed to do business in the jurisdiction.
Some states require “foreign corporations” — those based in other states — to register to operate in their area. Failing to do so can prevent creditors from using the local court system. SLM Education Finance Corporation v. Gray and National Collegiate Student Loan Trust 2006-2 v. Cowles.
A sample form letter if find that a creditor that does not comply with the state’s Corporation Business Activities Reporting Act.
The creditor failed to comply with court requests for additional information.
When courts ask creditors to provide additional documents, or produce witnesses to testify about their claims, the creditors often simply withdraw their lawsuits, according to borrowers’ lawyers.
For full article: 5 Flaws That Kill Student Loan Collection Lawsuits, By Stacy Cowley, Nov. 14, 2017
The post Some Defenses to Private Student Loan Collections appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Student Loan Debt Rises to $1.5 TRILLION in May, 2018
Life for the next 20++ years – between a rock and a hard place.
There are two types of student loans – federal and private. Federal loans have some protections for the lenders that private student loans do not. Every month lawsuits are filed by the thousands, many that are invalid, but if the borrower does not respond the court has no option but to award a judgment for the lender.
Below are five defenses may be successful in halting student loan collection cases.
The creditor cannot prove that it owns the debt.
Many private student loans are transferred by their original lender to investors through a process called securitization, in which thousands of loans are pooled together and sold as a package. Lender needs to prove that it owns the loan – Lovett v. National Collegiate Student Loan Trust 2004-1
The creditor’s business records are not admissible.
There are rules governing how business records may be used in court. In a California case, National Collegiate Student Loan Trusts v. Nohemi Macias, an appeals court ruled that an employee of a debt collection firm was not qualified to verify the creditor’s loan records and, in her testimony, “effectively conceded that she was unable to do so”, therefore the creditor had nothing to support their case.
The debt is beyond the statute of limitations for collection.
Unlike federal student loans, collection of private student loans are controlled by the state and eventually the lender may lose their right to collect the debt. In an Arizona case, National Collegiate Student Loan Trust 2004-2 v. Gallagher, an appeals court found that the creditor waited too long to sue because it was outside Arizona’s six year statute of limitations for breaching a written contract. (Note – each state has a different statute of limitations for contract obligations).
The creditor is not licensed to do business in the jurisdiction.
Some states require “foreign corporations” — those based in other states — to register to operate in their area. Failing to do so can prevent creditors from using the local court system. SLM Education Finance Corporation v. Gray and National Collegiate Student Loan Trust 2006-2 v. Cowles.
A sample form letter if find that a creditor that does not comply with the state’s Corporation Business Activities Reporting Act.
The creditor failed to comply with court requests for additional information.
When courts ask creditors to provide additional documents, or produce witnesses to testify about their claims, the creditors often simply withdraw their lawsuits, according to borrowers’ lawyers.
For full article: 5 Flaws That Kill Student Loan Collection Lawsuits, By Stacy Cowley, Nov. 14, 2017
The post Some Defenses to Private Student Loan Collections appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Could the CFPB’s Complaint Database Go Dark?
Reprint from Findlaw, By Christopher Coble, Esq. on May 15, 2018 12:59 PM
In the wake of the 2007-08 financial crisis, Congress created the Consumer Financial Protection Bureau, an agency tasked with protecting consumer rights when dealing with banks, credit unions, debt collectors, mortgage servicers, payday lenders, securities firms, and other financial institutions.
Part of the CFPB’s mission is taking, compiling, and tracking consumer complaints in a massive database, a database that, as of this writing, remains publicly viewable, searchable, and even downloadable. But interim CFPB head Mick Mulvaney (Trump’s “temporary” appointee to head CFPB) has indicated the agency may shut down public access to the complaint database.
Public Peeves
The database contains more than 1.5 million consumer complaints regarding their bank accounts, credit cards, mortgages, and other financial services. And while federal law requires the CFPB to maintain the complaint database, it does not require that it be made public. “I don’t see anything in here that I have to run a Yelp for financial services sponsored by the federal government,” Mulvaney said during a speech at an American Bankers Association meeting last month. “I don’t see anything in here that says that I have to make all of those public.”
Unlike Yelp, however, the CFPB gives companies an opportunity to determine whether the person making the complaint is in fact a customer and file a written response before any of the information is made public on the database. Whether companies will have the same motivation to respond to consumer complaints if the database is made private, however, is up for debate.
Pay to Privatize?
Bribery at its finest.
Why pull the database from public view? As the Washington Post points out, eight of the 10 most complained about companies made significant contributions to Mulvaney’s political campaigns, and 19 of the top 30 donated over $140,000:
- Equifax: Subject of 83,252 complaints (the most), and contributed $5,000;
- Experian: Subject of more than 72,000 complaints, and contributed $6,000; and
- JPMorgan Chase, Bank of America, and Wells Fargo: Subjects of more than 50,000 complaints each, and contributed thousands of dollars, all according to a report by Public Citizen.
“Is it possible,” wondered Michael Tanglis, senior researcher for Public Citizen and author of the report, “that Mulvaney’s horrible idea of hiding the CFPB’s complaint database is connected to the fact that the most complained-about companies contributed to him?”
The CFPB’s database isn’t hidden from the public yet, so if you want to read complaints (or post one of your own) now’s the time to do it.
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About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. As a teacher and retired law professor, Diane believes in offering everyone, not just her clients, advice about the Arizona bankruptcy and foreclosure laws. She is also a mentor to hundreds of Arizona attorneys.
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*Important Note from Diane: Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Trump’s Lackey Trying to Hide Complaints About Banks and Other Big Businesses appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Your bankruptcy case will make much more sense if you know the roles of the people involved, starting with debtor, creditors, and clerk. Understanding the roles in Bankruptcy can be quite confusing, but our attorneys are here to help you through the confusion.
The Debtor
This is the “person” filing the bankruptcy case. An individual can file a case, as can a married couple. The “person” can also be a corporation, partnership, or some other kind of business entity. A sole proprietor business is not legally a separate person so it cannot file its own bankruptcy case. The sole proprietor files an individual case which includes the business.
A debtor must qualify to file bankruptcy. Sometimes qualifying is very easy; sometimes it can be difficult. See Section 109 of the U.S. Bankruptcy Code on “Who may be a debtor.” Also see Section 521 on “Debtor’s duties.” Your primary duty as the debtor is to deal honestly with the bankruptcy system to get the relief the system is designed to provide you.
The Creditors
These are the businesses or individuals to whom the debtor owes a debt. A debt is money owed based on some right to payment by the creditor. A creditor’s right to payment is usually for a definite amount. It’s usually based on a contract or transaction with easily determinable dollar amounts. Likely you owe all or most of your creditors a definite dollar amount. But a creditor’s claimed right to payment can also be “unliquidated”—for an unknown amount. An example is a debt owed to the creditor based on a personal injury the debtor caused in a vehicle accident. Or the debt can be disputed. An example is that same personal injury from an accident, when it’s unclear whether the debtor was at fault.
Debts owed to the creditor can be secured by collateral such as your home or vehicle, or whatever you purchased. Debts can also be secured involuntarily, such as an income tax with a recorded tax lien. One of the biggest areas of contention in bankruptcy is how collateral is treated between debtors and secured creditors.
Debts owed to the creditor are mostly not secured by anything—they are unsecured. The creditor has no lien on anything the debtor owns. But unsecured debts of different types can be treated very differently as well. Most unsecured debts are discharged—legally written off—in bankruptcy, but some are not. Child support, some income taxes, and most student loans are not. Creditors are treated the same in bankruptcy, as long as the debts owed to them are of the same legal category. Otherwise, they can be treated very differently.
The Bankruptcy Clerk
The clerk takes care of most of the crucial but mundane operations of the bankruptcy system. The clerk’s office handles the clerical tasks within the bankruptcy court, most of which is now done electronically.
Your attorney files your case through a very secure internet connection with the clerk’s office. The clerk maintains your bankruptcy file, mails and sometimes electronically delivers most (but not necessarily all) of the important formal notices, runs the bankruptcy court calendar, and does lots other similar tasks. If you are a debtor not represented by a bankruptcy lawyer, you would deal a fair amount with the clerk. As a debtor represented by lawyer, you would likely never deal directly with the clerk.
Schedule a Free Consultation with Your Tacoma Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in Oregon State. We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call (503) 912-8809 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, one of our attorneys will be more than happy to offer advice on your particular situation.
The post Roles of The Debtor, Creditors, and Clerk in a Bankruptcy Case appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Using the Bankruptcy Laws to Your Advantage
One of the basic principles of bankruptcy is that you usually can’t favor one debt over your other debts. You can’t except when the law favors that debt for some reason. In various ways, creditors are recognized to be legally different. For example, secured creditors have rights over your property that you’ve given as collateral, rights that unsecured creditors don’t have. Also, bankruptcy does not discharge (write off) certain debts. These include child support, many types of taxes and many student loans, and certain other debts. These can’t be discharged while most debts can. Paying off Creditors With Chapter 13 Bankruptcy may be an option for you.
One of the huge benefits of Chapter 13 is that it turns to your advantage the ways that the law requires you to treat debts differently.
Catching up on Your Mortgage Arrearage
The law highly favors residential mortgage debts, especially your primary mortgage. Why? The idea is that these lenders should be protected in bankruptcy to lessen their risks. Arguably this encourages more investment in the residential mortgage capital markets, to make mortgages more readily available to homeowners.
So, if you were behind on your home mortgage and wanted to keep the home, you’d have to catch up. You can’t escape doing so just because the home is worth less than the debt (as you often can with a vehicle loan). You would have to catch up whether you filed a Chapter 7 “straight bankruptcy” case or a Chapter 13 “adjustment of debts.”
The difference is that in a Chapter 7 case you would have a limited time to catch up. You would usually have much more time in a Chapter 13 case. That means that your monthly catch-up payments would almost always be less. Also, because in a Chapter 13 payment plan you are usually only required to pay what you can afford, this means that catching up on your mortgage is fit within paying any other important debts that you must pay (such as income taxes and/or child support.)
If your home is one of your highest priorities, and you are behind on the mortgage payments, then consider using Chapter 13 to catch up.
Child Support Arrearage
Another kind of debt that is highly favored in the law is child support. As a result, if you get behind on support payments, the collection procedures that can be used against you are extremely aggressive. There’s the usual potential garnishment of your bank accounts and paychecks. But In most states you also face the possibility of losing your driver’s license. There’s also the possibility that your occupational or professional license could be taken from you.
Chapter 7 provides no direct help if you owe back support. The “automatic stay” that protects you from other creditors does not even apply to support debt under Chapter 7. This means that the aggressive collections can just continue; the bankruptcy filing has no effect on it.
But a Chapter 13 is very different. The “automatic stay” does protect you and your property from collection of the support arrearage. You ARE protected from support collections, as long as you follow some strict rules. After the Chapter 13 filing you must pay ongoing regular support payments, and your Chapter 13 plan payments. Through those plan payments, you have to pay off the entire support arrearage before completing the case. But you want to pay it off because you don’t want to be current when you finish the case and lose the protection it provides.
In a Chapter 13 case, you essentially take money away from your other creditors to pay off the support arrearage. Often your support arrearage is paid 100% before you pay anything to the rest of your unsecured creditors.
Schedule a Free Consultation with Your Tacoma Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in Washington State. We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call at (253) 780-8008 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, one of our attorneys will be more than happy to offer advice on your particular situation.
The post Paying Off Important Creditors With Chapter 13 Bankruptcy appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
By Dan Rivoli and Erin Durkin
The city has indefinitely pushed off selling more taxi medallions as the market for the once-valuable medallions continues to plunge.
Mayor de Blasio's executive budget assumes no cash will come in from taxi medallion sales for the next five years.
The taxi medallions — once worth as much as a million dollars each — have fallen off a financial cliff as yellow taxis took a beating from competitors like Uber and Lyft. This year medallions have been selling for less than $200,000.
The city last sold 350 medallions in the 2014 fiscal year, and is authorized to sell 1,650 more under state law.
Since then, years of city budgets have projected revenue from the taxi sales that never materialized. As of November, the spending plan assumed $731 million would come in over five years.
Hizzoner's latest budget dispenses with the notion medallions will be flying off the rack any time soon.
"This change allows the city to continue to monitor the medallion market, and does not foreclose any medallion auctions at a future date," Taxi & Limousine Commissioner Meera Joshi (photo below) said Thursday at a City Council budget hearing.
"The prices have come down considerably," she said, adding that it's also become impossible for would-be buyers to get loans. "All the transactions are going to be without financing and all cash, which is certainly going to depress the value of it."
Matthew Daus, a former TLC chairman, said it was a smart move by the city to recognize the reality on the street.
"They'd be crazy to do a sale at this point in time," he said, noting that putting additional yellow cabs on the street amid declining ridership would have hurt already-suffering drivers.
Medallion owners have complained that they invested their savings in what they thought was a sure bet, since the law says only yellow cabs can take passengers who hail them on the street.
But that didn't account for apps like Uber, which is legally treated like a car service arranged by phone.
"The drivers are being hurt and the city is being hurt by the way this whole situation has been managed," said Carolyn Protz, a member of the NYC Taxi Medallion Owner Driver Association.
The collapse of the yellow cab industry has led to four driver suicides in recent months, industry advocates say.
The city has seen an influx of for-hire drivers, mostly for e-hail apps — doubling the number from 90,000 to 180,000 since 2011.
Officials say they're again looking to rein in the growth of Uber, both to cut down congestion and give a break to yellow cab drivers. A push by de Blasio to cap the number of cars the company could deploy three years ago collapsed.
The city also wants to find a way to bolster drivers' incomes.
"The number of licensed drivers has outstripped ... demand," Joshi said. "The administration's goal is to establish a regulatory framework to protect drivers' incomes."
Copyright © 2018, New York Daily News
Going through financial hardship is never easy, especially in our present day. For some people, incurring debt is the only way to keep their head above water. In some instances, an unexpected accident or illness can put any person under extreme financial duress. No matter the circumstances surrounding your financial situation, the results can be […]
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