Happy Thanksgiving.

My o My, Where has the year gone? I could have sworn we were just celebrating the beginning of another year in January and now it is Thanksgiving. Thanksgiving just more or so signifies that the year is almost over,  Christmas is almost year and we would soon embark on the beginning of a new year. Thanksgiving also signifies how thankful we are for the many blessings that we have over the course of each year's progression. In all we do we should always remember to give Thanks. This post is to wish all our family,clients, friends, colleagues and community supporters a Happy and wonderful Thanksgiving filled with unsustainable joy, happiness and great things to come. We also want to use the opportunity to Thank all of you for your support and well wishes thus far. We wish you and your family a Happy Holidays.

Recovery after Bankruptcy

Rebuilding your life after bankruptcy – including your credit rating, finances and your emotional well-being – can sometimes seem like an overwhelming task.

But if you've recently filed for Chapter 7 or Chapter 13 bankruptcy protection, it's important to realize that there is life after bankruptcy. And it doesn't have to be a life where you're treated like a financial outcast and banished to years of credit exile.

On the contrary, life after bankruptcy can be enormously rewarding – but only for those who strategize properly and commit themselves to not wasting the second chance that bankruptcy can offer. Ultimately, how well you rebound from a bankruptcy filing depends on the post-bankruptcy steps you take to safeguard yourself against future financial calamities.Here are five steps to speed up your recovery after bankruptcy – and help you get on with the business of living life well without the stigma of the bankruptcy process.

Let Go of the Guilt and Shame

If you've gone through bankruptcy – or are contemplating it – you're certainly not alone. In 2010, personal bankruptcies in the U.S. rose by 9% to 1.53 million filings. Also, a May 2011 survey from FindLaw.com revealed that one in eight adults in the U.S. – 13% of the population – admit they've considered bankruptcy. These sobering statistics are telltale signs that many Americans are still battling the lingering affects of the Great Recession.

Nevertheless, people who've filed for bankruptcy protection are often wracked by guilt and shame. It's not uncommon for bankruptcy filers to say things like "I feel like a failure" or "I'm so disappointed in myself."

But beating yourself up about your predicament won't make your situation any better. In fact, succumbing to a steady stream of negative emotions about your bankruptcy can even be harmful to you by preventing you from moving forward in a positive way.

A better strategy: Resolve to make peace with the past by letting it go, and don't dwell on negative thoughts or wallow in self-pity.

Reflect and Regroup

How do you get to a healthier place emotionally if you're disappointed about the past and perhaps experiencing regrets about choices you made?

"You really need to ask yourself several key questions," Bridges says, "including 'How did I get here? What could I have done differently? And what have I learned from all of this?' " Your answers will help you create a better financial afterlife in the wake of bankruptcy.

Create a Realistic Budget and Pay All Your Existing Bills on Time

After a bankruptcy, you must become extra vigilant about your finances. Even if you've never created – or stuck to – a budget in the past, now is the time to get serious about doing so. Your budget will act as your spending plan, helping you to manage cash flow and preventing you from racking up unnecessary debt.

"Understanding your budget means you try to live below your means and stop keeping up with the Joneses "Your budget should also have a line for saving, so you can pay yourself first."

Meiers and other experts say having an emergency fund is vital to deal with future emergencies or unexpected events that can derail even the best of budgets.

Also, make it a priority to pay all your current bills in a timely manner. Set up automatic bill payments, and remember to pay your rent on time since rent payments are now being tracked by the credit bureau Experian and will affect your credit score.

Repaying your existing bills as agreed will be one of the single, most powerful things you can do to restore your finances and your credit, according to Bridges, who has also written the free e-book Your First Step to Credit Restoration.

 "prioritize your expenses. Pay the ones necessary for survival first, such as food, housing and utilities. This also helps protect your credit score, because a missed mortgage payment can hurt your credit score."

Pick a Credit Card That Will Help You Rebuild Credit

Experts agree that another key strategy to rebuilding your credit rating after bankruptcy is to obtain a secured credit card. With a secured card, you deposit a given amount of money, such as $500, into a bank account and that $500 becomes your credit limit. By charging small amounts each month and repaying your debts as agreed, you can gradually rebuild your credit.

"Some of these (secured) cards will reward responsible borrowers by upping the limit without an additional deposit. "Some will even convert the account into a traditional credit card."

A few caveats about secured cards: First, recognize that at some banks, not everyone qualifies for a secured card, particularly if your bankruptcy is less than a year old. Also, stay away from secured cards that charge high fees, that don't report your payment history to the credit bureaus, or that ask you to call a 900 number (you'll be charged for the call).

Separate Fact From Fiction About Bankruptcy

Bankruptcy filers are often force-fed a host of myths and misconceptions about how horrible their lives will be in the wake of a bankruptcy proceeding. While life after bankruptcy certainly won't be a cakewalk, unfortunately, much of the information doled out is flat out wrong, according to credit experts as well as people who've successfully and quickly bounced back from a bankruptcy filing.

First, there's the incorrect notion that bankruptcy will automatically disqualify you from getting a mortgage for at least 10 years. Wrong! You can actually be in the middle of a Chapter 13 bankruptcy proceeding and still get an FHA home loan.

There's also the false assertion that getting a credit card will be next to impossible for at least seven years. But this is untrue as well: Most bankruptcy filers receive a slew of credit card offers from banks almost immediately after their bankruptcy is discharged. One study showed that 96% of consumers were offered new credit within a year of declaring bankruptcy.

And then there's the wrong-headed idea that car dealers and lenders will only approve your application at sky-high interest rates. Not so. As many people who've gone through bankruptcy will attest, there are numerous auto companies and lenders willing to finance a vehicle or approve loans at reasonable rates after a bankruptcy.

And while it's true that bankruptcy will remain on your credit report for up to 10 years, it's definitely not the case that it will take a decade to re-establish a positive credit rating. In fact, many people's worst credit problems – even bankruptcy – are often not as bad as they think.

"Because credit scoring models typically lend more weight to your recent activity than to the mistakes you've made in the past, you can change your habits right now and begin reestablishing yourself as a good credit risk for a purchase or refinance loan in just six to 12 months," says Bridges, who offers free credit report consultations to consumers.

Don't spend your long weekend behind bars

Labor Day weekend typically marks the end of summer for most, especially for families with school aged children and college students. Labor Day celebrations will undoubtedly continue throughout the weekend raising the likelihood for motor vehicle accidents.

The Michigan State Police program, "Over the Limit, Under Arrest," cracks down on drunk driving during holiday weekends, Labor Day being one of them. Last year MSP made 230 arrests for drunk driving and reported 11 fatalities, 4 of which were alcohol related.

Keep yourself, your friends and family and fellow motorists safe; designate a driver.

From all of us here at Attorney Meiers office, have a safe and happy holiday!

Handling student loan debt

 

Student loans have been a popular topic lately, and if you, like many other graduates are wondering how you will afford the payments on that huge bill, you may have options. If you haven't landed that dream job yet, and are having trouble making payments, you may qualify for flexible payments or deferment until you are in a better financial position.

But, if you are like many who have been under water on your student loans since you graduated years ago, and thought filing bankruptcy could help, it probably will not. There are exceptions as they apply to a hardship discharge however, its safe to believe student loans will generally survive the bankruptcy. There are other options available including forbearance, forgiveness, and loan consolidation that can make paying your loans a more manageable task.

If you have questions about bankruptcy or debt relief contact the office of Attorney Erwin F. Meiers, III today

Attorney Meiers competes in Warrior Dash!

The Warrior Dash took place Saturday and Sunday, July 28 &29.

Congrats to Attorney Meiers for competing in the 2012 Warrior Dash and finishing with a time of 1:09:07.75! The event took place in Mt. Morris on Saturday July 28th and Sunday July 29th. The race covered 3.25 miles and included 11 muddy obstacles. For any warriors who may have missed the event, there will be another Warrior Dash taking place September 15th in Walker, MI.

Are you driving Super Drunk?

Its Friday night, the bar is closing down and if you haven't designated a driver, you risk getting pulled over on your drive home. Especially if you have had a few more drinks than you should have. Michigan's new Super drunk laws aim to stick drunk drivers with a blood alcohol level of 0.17 or above with higher fees, more jail time and a possible one year suspension of their drivers license.Consequences like these can have a devastating effect on your personal and professional life, not to mention your pocketbook.

According to a recent article in the Flint Journal, since the law went into action in 2010, only 5 people in the city of Flint have been convicted of driving "super drunk" and advocates for the law are arguing for more convictions. Currently, drivers convicted of drunk driving still receive hefty fines and consequences. Even a "regulatory" drunk driving offense can mean 90 days in jail, fees and possible license suspension.

Drunk driving is a serious matter, if you are facing drunk driving or Super Drunk charges, contact the law offices of Erwin F. Meiers, III. Don't let tonight be the night you regret.

Careless driving can mean serious business

People do all sorts of things while driving. Eating, putting on makeup or talking on your phone while driving can be dangerous business. Take this accident that happened on Sunday for example, where a driver, who was talking on the phone, left the roadway and struck a local municipal building sign. In addition to any damages caused to your vehicle, you can be ticketed for distracted, reckless or careless driving.

In the state of Michigan a careless driving ticket can come with a hefty fine and the possibility of points being added to your license.

In some cases, you may even need to appear in court. If you are facing a traffic violation such as Careless/ Reckless Driving, Suspended or Revoked Driver's License or Disobeying Traffic Signs call the offices of Attorney Erwin F. Meiers, III.

Some fireworks injuries may not be result of operator error

In my neighborhood fireworks have been going off constantly. Noon, or midnight, light or dark, it doesn't seem to matter, someone is hosting a backyard firework display. Now, with the Fourth of July holiday finally wrapped up for 2012 I'm wondering if the bangs and crackles will start to subside? I'm doubtful, though.

The new firework law in Michigan has opened the doors to new business opportunities but has also brought along with it, injuries and of course lots and lots of noise. Just last week three Michigan residents were severely injured while operating fireworks. One incident involving fireworks led to a Mid-Michigan church being burned down.

Exercising caution and good judgement should be a priority when using fireworks or other flammable novelties such as sparklers and bottle rockets. Improper use could lead to injury. This article from Reuters has valuable tips for firework safety.

In some cases, injuries resulting from fireworks are the fault of the manufacturer due to some defect in the product. If you or someone you know has been injured due to a defective firework, seek legal representation, you may have rights to a liability case.

Attorney Erwin F. Meiers, III can help.

Prenups: unromantic or smart planning?

You have the ring, now what? Many celebrity marriages have made prenuptial agreements a popular topic in the news and online. While a prenup is probably the last thing on your mind as you prepare for your day of wedded bliss, its becoming a more and more common trend. And its not just for celebrities or millionaire businessmen. Couples who are marrying later in life with established wealth and credit are drawing up prenups as a way to protect their hard work.

Having a prenup doesn't always mean you'll get or lose millions in the case of divorce, a prenup is a way to protect assets gained before the marriage. In the event of a divorce, a prenup can also provide a predetermined plan for splitting up joint assets.


A prenuptial agreement is valid only if it is completed prior to marriage. There are five things that are required for it to be valid:
1) Must be written
2) Must be voluntarily executed
3) Full and/or fair disclosure at time of execution
4) The agreement can't be unconscionable
5) Must be acknowledged by both parties before a notary public.

Attorney Erwin F. Meiers, III can help guide you through the prenuptial process, call today.

Fourth of July Safe Travel Tips

Hot dogs, cold beer and fireworks sound like a traditional all American 4th of July celebration and that's exactly right. Statistics show 252 million pounds of fireworks are sold for personal use and 150 million hotdogs are consumed each 4th of July. With 87% of American households owning their own grill, many of us will choose to celebrate at home but some will travel to visit with friends and family. If your plans include travel, keep in mind that drunk driving enforcement is typically greater over holiday weekends and that in 2009 Fourth of July drunk driving accidents accounted for 410 deaths nationwide.

Travel safely, choose a designated driver and pack alcohol away while traveling. If you find yourself facing drunk driving charges following the holiday weekend, call the office of Attorney Erwin F. Meiers, III.

Happy 4th of July!

What can credit counseling do for you?

If you recently looked into filing for bankruptcy, you may have heard the term credit counseling.

Before you will be able to file for bankruptcy, you are required to take an approved credit counseling course as a way to determine if bankruptcy is your best option. Credit counseling is mandatory when applying for both Chapter 7 and Chapter 13 bankruptcy even if a payment plan will not be feasible for your situation. Once you complete the course you will be given a certificate stating you completed the course. In some instances a repayment plan is proposed; if so, you must submit this to the court as well. After your bankruptcy begins, you will be required to take another course teaching you financial management skills.

The new skills you learn during credit counseling will put you on your way to financial freedom.

Call the law office of Attorney Erwin F. Meiers, III to discuss your bankruptcy and credit counseling options.

Beware of Zombie Debt

Zombie debts can come back years later to haunt you.

With all this talk of zombies in the news, here's another type of zombie you may not have known about.

No, it's not flesh eating zombies, but zombie debt.
Zombie debt is a term that has been applied to debts that were (or so you thought) settled and done. Because debts can be sold from one collection agency to another there is a great opportunity for making money in the reanimation (this is where the Zombie moniker comes in) of a debt you thought was resolved. Knowing about Zombie debt is important because even debt that has been resolved through bankruptcy or resulted from identity theft can come back to haunt you. Some consumers have even been threatened or sued over zombie debt, both practices that could be considered illegal if the debt is fraudulent.

If its illegal why is it happening?
Each state has its own statute of limitations on how long a debt can go unpaid before you are no longer responsible for paying it. However, collection agencies can purchase these debts from the original creditor for just pennies on the dollar allowing them to make a huge profit if you pay on it. Paying on the debt or even admitting that it is yours can reopen the statute of limitations.

So do you really owe on this debt and if not, how do you kill something you thought was dead?
First, find out if the debt is yours and was not paid. Many zombie debts are the result of identity theft, are fraudulent debts or are past the statute of limitations and you are not responsible for paying them. If you are unsure of the debt, do not discuss it with the collector over the phone. Ask for the mailing address of the company and dispute it in writing. If the debt is legitimate and you do not respond to the collection agency, they can take you to court. If you receive notice that you are being taken to court, contact a lawyer and dispute the debt in court with legal representation.

Don't let zombie debt get your credit score, contact Attorney Erwin F. Meiers, III today to discuss your debt.

http://www.investopedia.com/terms/z/zombie-debt.asp#axzz1yuKcpBqV
http://money.howstuffworks.com/personal-finance/debt-management/zombie-debt.htm
http://www.forbes.com/2008/10/31/debt-creditors-default-pf-education-in_af_1031investopedia_inl.html

Automatic Stays and your bankruptcy

What is an automatic stay? An 'Automatic Stay' is put in place once a bankruptcy claim is made. An automatic stay puts a hold on pesky phone calls from collection and repossession agencies.

According to the senate report relating to Automatic Stays: "The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors, stopping all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy. Notes of Committee on the Judiciary, Senate Report No. 95-989"

While the automatic stay is temporary it may give you the relief you need to get through the bankruptcy process. As with any legal matter you should discuss all of your options with your attorney and make a fully informed decision.

If you are struggling with bankruptcy or harassing collection calls, contact the offices of Attorney Erwin F. Meiers today.

Determining Chapter 7 eligibility with a means test

Are you considering filing for bankruptcy and keep seeing the term "means test?" The means test was developed to determine if you are eligible for Chapter 7 bankruptcy and to aid in separating Chapter 7 eligible persons from those who are not eligible.

The means test is a series of questions involving income and expenses. Qualifying begins with determining your income and whether it is higher or lower than the median of the state you reside. If it is lower, you pass and are ready to file for Chapter 7. If its higher, there are a few more steps to determine whether you pass. Determining your excess income and your debts is crucial at this point as you need to have more debt than income in order to pass. Keep in mind that the medians change from state to state and include differed levels of allowed expenses. In the event that you fail the Chapter 7 means test you could still qualify for Chapter 13.

So, you passed the means test, should you file?
As with many legal matters circumstances can vary and its important to consult an attorney before deciding to file. However, determining your filing eligibility using the means test is an important step in the process. The means test uses information needed to fill out bankruptcy forms and will help you regardless of if you pass or fail.

As with any legal matter you should discuss all of your options with your attorney and make a fully informed decision. Contact the law office of Erwin F. Meiers today.

Weekend plans didn't include a DUI?

I hope you had a wonderful Memorial Day weekend and enjoyed time with friends and family. For many Memorial Day is a time to fire up the grill, visit the beach or go camping and for most those activities may include a few drinks. But drinking and driving can put you at risk for getting pulled over or an accident. According to statistics from the National Highway Traffic Safety Administration more than 30% of fatal crashes that occur on weekends are alcohol related. If you find yourself facing alcohol related charges following holiday celebrations this summer contact the office of Erwin F. Meiers.

Tasers legalized in Michigan

Rich Hein / Chicago Sun-Times / AP

Recently, Michigan joined the ranks of 43 other states that allow residents to carry a stun gun or Taser with a concealed weapon license. Along with obtaining a CCW, Michigan residents seeking to carry a Taser are also required to obtain additional training. Tasers and stun guns will be subject to current concealed weapon laws and rules.

Be sure to follow all regulations and application processes if you plan on obtaining a concealed weapons license.

"Click It or Ticket" campaign underway in Michigan

As you head out for Memorial weeked festivities and on into the summer, be aware of increasing seatbelt enforcement zones. Law enforcement officers will be stationed throughout Michigan now through June 3 specifically to crack down on unbelted drivers. Since Michigan has a primary seatbelt law, if you get stopped, you're in for a $65.00 ticket. Michigan law requires any passengers 8-15 years old to be buckled and all drivers and front seat passengers to be buckled.

Training for the Crim!

This summer I will be training for the Crim, will you?

The Crim is a local event that is held at the end of the summer annually that draws in thousands of participants. This year the Crim will be held on August 25, 2012 throughout the downtown Flint area.

Meet Sparty!

Sparty likes to help with filing paperwork too!

Living at an Attorneys office is hard work!

As a member and supporter of local pet rescue group PAWS (Pets Are Worth Saving). I have adopted a number of rescue pets over the years. PAWS is a kill free rescue in Swartz Creek, Michigan founded in 1997. PAWS takes in over 600 cats and dogs each year and nearly all of them find homes.

Meet Sparty, a friendly cat who was found in an abandoned house on Flint's north side. Today Sparty spends his time greeting clients at our office and receiving lots of pets and attention throughout the day. Sparty is just one of the hundreds of pets that are found abandoned in Genesee and surrounding counties each year. If you are looking for a new furry friend contact PAWS and give a rescue pet a home.

Whats the catch with bigger fireworks?

A state law enacted recently will allow Michigan residents to purchase and use "in the air" fireworks. The state legalized the fireworks earlier this year in hopes that the profits from firework sales would stay in state and aid in creating more jobs. In the past, Michigan residents have been known to drive to surrounding states such as Ohio and Indiana to purchase the fireworks. So why is this a legal matter? The state enacted the Michigan Fireworks Safety Act to regulate fireworks in Michigan and there are fines if you are caught selling fireworks without a license, selling fireworks to minors, or setting off fireworks on public property without permission of the property owner. 

If you find yourself in trouble this summer contact us!

Drivers license restoration after a drunk driving incident

Recently lost your drivers license? Arrested on drunk driving charges? Not sure what to do next?

There are many levels of driving offenses in Michigan and it can be confusing to know what is what. Especially following the new 'Super Drunk' law that applies to drivers with an excessive blood alcohol content, specifically anything above .17%. The consequences of a higher BAC can lead to double the amount of jail time, higher fines and mandatory treatment programs. Seeking legal counsel immediately is important in making sure that an accurate account of the situation is recorded and allows your attorney determine what can be done to restore your drivers license.

The state of Michigan doesn't take drunk driving lightly, but you may be able to get your license back. If you have questions regarding your rights and steps that can be taken to restore your drivers license contact Attorney Erwin F. Meiers III.

Experiencing increasing calls from debt collectors?

Are incessant phone calls from debt collectors and credit counseling companies driving you nuts? Are you stuck in a rut and the bills are piling up?

Have you considered bankruptcy?
Bankruptcy is a debt solution available to help you start back on the track to financial freedom.

What is bankruptcy?
Bankruptcy is an option available to consumers who cannot afford to repay debts owed. The most common type of bankruptcy filings are Chapter 7 and Chapter 13. Chapter 7 is a form of bankruptcy in which the debtor must liquidate their assets. Whereas, Chapter 13 allows the debtor to retain their assets while making scheduled payments on the debt.

How will it affect my credit score?
While filing for bankruptcy will appear on your credit report, it doesn't mean your credit has been compromised entirely. With good payment history after bankruptcy you may be eligible to apply for lines of credit after only a few years.

As with any legal matter make sure you obtain professional advice prior to making a decision. You have questions, we have answers. Contact us to discuss your bankruptcy options.

Welcome!

Welcome to my blog. This is the newest adventure in expanding to the online world for us at Erwin F. Meiers. Bear with us as we continue to develop our presence. In the meantime, I hope that you will continue to check back often.