Blogs

 SBA EIDL LOANS & CIVIL & CRIMINAL PENALTIES & BANKRUPTCY FILINGSMany people are contacting us, asking if wrongfully applying for or misusing SBA EIDL funds constitutes a crime or could subject them to civil or criminal penalties. The answer depends on the "facts and circumstances" of each case. The first fact to consider is whether the action was a mistake (negligent) or willful. Negligent actions are not criminal, but willful actions may be. Second, what is the dollar amount involved? Was it a misapplication of $25,000.00, $50,000.00, or $1,000,000.00? The SBA and Department of Justice are busy organizations that tend to focus on larger dollar amounts when pursuing criminal actions.Third, were the involved parties part of a criminal gang or ring with prior criminal actions or convictions or first offenders.Fourth, reported criminal cases often involve situations where loans were obtained with no legitimate business purpose. Instead, the funds were acquired through false representations to the SBA, with the intent to steal from or defraud the government. Consequently, wrongfully applying for or misusing SBA EIDL loans can lead to civil or criminal penalties.The SBA loan documents signed by all borrowers say that whoever wrongfully misapplies  SBA loans shall be civilly liable to the Administrator in an amount equal to one-and-one half times the original principal amount of the loan under 15 U.S.C. 636(b).Second in addition, any false statement or misrepresentation to the SBA may result in criminal, civil or administrative sanctions including, but not limited to: 1) fines, imprisonment or both, under 15 U.S.C. 645, 18 U.S.C. 1001, 18 U.S.C. 1014, 18 U.S.C. 1040, 18 U.S.C. 3571, and any other applicable laws; 2) treble damages and civil penalties under the False Claims Act, 31 U.S.C. 3729; 3) double damages and civil penalties under the Program Fraud Civil Remedies Act, 31 U.S.C. 3802; and 4) suspension and/or debarment from all Federal procurement and non-procurement transactions. Statutory fines may increase if amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.Third,if one intentionally misuse the funds, it could be considered fraud, wire fraud, money laundering, false statements, or theft of government funds. which are criminal offenses. Fraudulent use of SBA loan proceeds may lead to  fines, penalties, and potentially imprisonment.Fourth, The dischargeability of SBA EIDL loans in Chapter 7 Bankruptcy is governed by bankruptcy law section  11 U.S.C.A. § 523(a)(2)(B). That section  provides for non-dischargeability of debts obtained by false representation or fraud. Clients with questions about defaulted SBA loans and civil or criminal penalties, or discharging those loans in Bankruptcy should contact Jim Shenwick, Esq  [email protected]  917 363 3391Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

The Ultimate Guide to Preserving Your Retirement Savings in Oregon Bankruptcy
Bankruptcy can be stressful and overwhelming, especially if you are worried about losing your hard-earned retirement funds. However, there are ways to protect your retirement savings from creditors and keep them intact for your future. In this article, we will discuss the steps and strategies for protecting your retirement funds in bankruptcy in Oregon. 
Short Summary:

• In Oregon, retirement funds like PERS, IRA, 401(k), and 403(b) are protected from creditors during bankruptcy, ensuring that individuals can discharge debts while safeguarding their savings.
• Retirement savings act as a vital financial safety net, allowing individuals to maintain independence and decision-making power, especially during challenging financial times like bankruptcy.
• Familiarize yourself with Oregon’s bankruptcy exemptions specific to retirement accounts.
• Prioritize contributions to recognized qualified retirement accounts for enhanced creditor protection.
• Regularly update beneficiary designations to ensure seamless asset transfer.
• Strategically segregate retirement assets from liquid or accessible assets for added protection.
• Stay informed about legislative changes and economic trends to adapt proactively.

Bankruptcy in Portland, Oregon, like in other parts of the United States, is a legal process designed to help individuals or businesses that cannot repay their debts to either reorganize their finances or obtain relief from certain debts. This seemingly complex topic underscores the importance of informed decisions and strategic planning specific to Oregon’s regulations.
Why Are Retirement Funds Important in Bankruptcy?
Necessarily included in protecting your retirement funds in bankruptcy, it is crucial to understand the importance of retirement funds first. In Oregon, creditors in bankruptcy cannot touch your Public Employees’ Retirement System (PERS), individual retirement account (IRA), 401(k), 403(b), and other qualified retirement accounts. This safeguard ensures that, even if you have dischargeable debts, such as $50,000 in credit card balances, your retirement funds, totaling $300,000, remain fully protected during bankruptcy. That allows individuals to discharge eligible debts while preserving the rest of their qualifying retirement savings.
Declaring bankruptcy can be daunting and overwhelming, casting shadows over one’s financial future. Amidst the myriad of concerns and uncertainties, retirement funds often emerge as a primary point of contention and concern for many individuals. But why are retirement funds so crucial in the landscape of bankruptcy? Let’s delve into the significance and implications.
Financial Safety Net for the Future
At its core, retirement savings serve as a financial safety net designed to provide individuals with a source of income during their non-working years. These funds represent years of diligent saving, planning, and sacrifice, ensuring that individuals can maintain a certain standard of living post-retirement. Protecting these savings during bankruptcy ensures that individuals have resources to rely upon when they can no longer generate income from employment.
Social Security and Limited Income
For many retirees or those nearing retirement age, Social Security benefits may constitute a significant portion of their post-retirement income. Individuals might become overly reliant on these limited benefits if retirement funds are depleted or accessed prematurely due to bankruptcy. Ensuring that retirement funds remain intact allows for a more balanced financial portfolio, reducing dependency on government assistance.
Maintaining Financial Independence
Maintaining financial independence, even amidst challenging circumstances like bankruptcy, is paramount. By safeguarding retirement funds, individuals preserve their autonomy and decision-making power regarding their future. Without these savings, individuals might find themselves at the mercy of creditors, unable to make choices aligned with their long-term goals and aspirations.
Psychological and Emotional Well-being
Beyond the tangible financial implications, retirement funds hold significant psychological and emotional value. Knowing that one has a secure nest egg for the future provides peace of mind, alleviating stress and anxiety associated with financial uncertainty. In the context of bankruptcy, preserving retirement savings can bolster mental well-being, enabling individuals to navigate the process with greater resilience and optimism.
Legacy and Generational Planning
For some, retirement funds represent more than just personal savings; they symbolize a legacy to be passed down to future generations. Whether providing for children or grandchildren or supporting charitable causes, these funds allow individuals to leave a lasting impact and fulfill their generational aspirations. Protecting retirement savings during bankruptcy safeguards these legacy intentions, ensuring that individuals’ hard-earned assets serve their intended purpose.
What Steps Should I Take to Ensure My Retirement Funds Are Protected in Bankruptcy?
Navigating the intricate world of financial planning requires foresight, diligence, and a proactive approach, especially when safeguarding crucial assets like retirement funds. In today’s volatile economic landscape, taking strategic steps to protect these savings is critical. In protecting your retirement funds in bankruptcy in Oregon, you have to take note of the following efficient strategies:
Understand Oregon’s Bankruptcy Exemptions
Familiarize yourself with Oregon’s specific bankruptcy exemptions related to retirement funds first. State laws often provide protective measures for certain retirement accounts, ensuring they remain untouched during bankruptcy proceedings. By understanding these regulations, you can leverage them to your advantage and navigate financial challenges confidently.
Opt for Qualified Retirement Accounts
Prioritize contributing to qualified retirement accounts recognized under federal and state laws, such as 401(k)s, IRAs, or pension plans. These designated accounts often benefit from enhanced protection against creditors and bankruptcy proceedings, shielding your savings from potential liquidation or seizure. Regular contributions to qualified accounts demonstrate a commitment to long-term financial security and fortify protective measures.
Regularly Review and Update Beneficiary Designations
Periodically reviewing and updating beneficiary designations for your retirement accounts is essential. Ensuring accurate and up-to-date information guarantees that your assets transfer seamlessly to intended beneficiaries, bypassing potential probate complications or disputes. By maintaining meticulous records and addressing life changes promptly, you can preserve the integrity and intent of your retirement savings.
Separate Retirement Assets from Liquid Assets
Strategically segregating retirement assets from liquid or accessible assets can bolster protection measures. Consider establishing trusts or specialized accounts to insulate retirement funds from potential creditors or legal actions. This strategic separation creates a distinct financial barrier, safeguarding your savings and mitigating risks associated with external liabilities.
Stay Informed and Remain Vigilant 
In today’s dynamic financial landscape, staying informed about legislative changes, tax implications, and economic trends is crucial. Regularly monitoring industry updates, consulting legal resources, and participating in financial education seminars empower you to make informed decisions and adapt to evolving circumstances proactively. Knowledge is your most potent weapon in preserving retirement security and navigating potential challenges.
Learn More About Protecting Your Retirement Funds in Bankruptcy!
In protecting your retirement funds in bankruptcy in Oregon, you will inevitably deal with plenty of legal concepts and complicated terminologies. Northwest Debt Relief Law Firm is the one that you can rightfully trust when dealing with complex situations. Our experienced bankruptcy attorneys offer complete court representation and free lifetime support. 
Other than liquidation bankruptcy and reorganization bankruptcy, we also offer practical guidance in rebuilding your credit after bankruptcy. Get free debt solution consultations today!

 IRS Grants Automatic Relief To Millions In Taxpayer Penalty WaiversThe story can be found at https://www.pelhamplus.com/finance/irs-grants-automatic-relief-to-millions-in-taxpayer-penalty-waivers/
Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Most people who file bankruptcy never go to the bankruptcy courthouse.
 
About a month after your bankruptcy papers are filed, you have to attend a bankruptcy trustee hearing.  (Also called a “meeting of creditors” or a “341 hearing.”)  Those routine and they are done on Zoom.
When something is NOT routine, we have to go in front of the bankruptcy judge at the bankruptcy courthouse.
Where is that bankruptcy courthouse?
Here’s the address for the Alexandria Virginia Bankruptcy Courthouse.
U.S. Bankruptcy Court
200 S. Washington St.
Alexandria, VA 22314-5405
That’s on the corner of Washington Street and Prince Street. Here’s a picture:
200 S Washington St. Enter the side door, on Prince St. Phones are NOT allowed in the courthouse.
The bankruptcy court in Alexandria VA serves all of Northern Virginia. The Alexandria Virginia Bankruptcy Court serves Alexandria, Arlington, Falls Church, Fairfax, Fairfax City, Loudoun, Prince William, Manassas and Manassas Park, Fauquier, and Stafford.
Leave your phone in your car
You can’t bring your phone into the courthouse. That’s a security requirement and there are no exceptions.
Also, for security reasons the front door is now locked.  You need to enter by the side door on Prince Street.  And you’ll need your drivers license or picture ID.
The Alexandria bankruptcy court has two judges
The courtroom for Judge Brian F Kenney is on the second floor. Judge Klinette H Kindred is on the third floor.  (If you are not sure which judge you have look at the three letters after your case number.  BFK stands for Judge Kenney.  KHK stands for Judge Kindred.)
 
200 S Washington St – Google Maps