PROTECTING YOUR RIGHTS AND FINANCES IN NEW HAMPSHIRE AND MASSACHUSETTS 2026-06-01T21:57:31Z https://www.darlenedanielelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1602661/2021/08/cropped-site-identity-32x32.png by Law Office of Darlene Daniele https://www.darlenedanielelaw.com/?p=46055 2021-07-30T15:38:36Z 2020-06-26T15:44:34Z

POTENTIAL EMPLOYERS AND BANKRUPTCY: If you are searching for a job, you will want to know whether a potential employer can refuse to hire you because of a past or current bankruptcy filing. There are different rules for public and private employers. PUBLIC EMPLOYMENT: If you are applying for a job with a public employer, (the state or federal government, for example), the potential employer cannot refuse to hire you because of a  past or current bankruptcy filing. PRIVATE EMPLOYMENT: If you are applying for a job with a private (non-government) employer, the potential employer is allowed to refuse to hire you because of a past or current bankruptcy filing. Only one Court (New York), so far, has ruled that a private employer cannot refuse to hire you because of a bankruptcy. CURRENT EMPLOYERS AND BANKRUPTCY: Regardless of whether you work for a public or private employer, your current employer cannot terminate you, or otherwise discriminate against you, because of a past or current bankruptcy filing. TAKEAWAY: If you are job-hunting in the private sector, and an application asks about bankruptcy, or a potential employer requests permission to obtain your credit report, that is legal.  If you are considering bankruptcy, you might want to wait to file until you have a job. If the employer is requiring a credit report, and you do not have good credit, be honest with the potential employer; explain the circumstances which lead to your poor credit. With the Coronavirus pandemic, almost everyone has been affected financially, and if you have a legitimate reason for less than stellar credit, (illness, job loss, divorce), most employers will accept that, and appreciate that you are forthcoming. If you are currently employed by either a public or private employer, be wary of any employer inquiries regarding bankruptcy. Document the incidents, and keep a paper trail. Unless your employer has a legitimate non-discriminatory reason for changing your employment, or terminating you, taking such action based on a bankruptcy filing is illegal.]]> by Law Office of Darlene Daniele https://www.darlenedanielelaw.com/?p=46053 2021-07-30T15:39:16Z 2020-04-22T15:43:40Z

by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47031 2021-08-31T11:13:14Z 2020-01-10T20:41:44Z

https://www.wsj.com/articles/a-45-000-loan-for-a-27-000-ride-more-borrowers-are-going-underwater-on-car-loans-11573295400 The second disturbing trend in auto financing is one where the auto dealer (or the finance company) inflates the purchaser’s income. This happened in the 1980’s with mortgage loans-lots of inflated and falsified information on mortgage loan applications. At the end of the 1980’s, there was a financial crisis in which thousands of homeowners lost their homes to foreclosure.  In the auto world this is how it works: Joe Jones walks into a dealership to purchase a vehicle. He owns his car outright, but it’s a real beater, and he needs one that is mechanically sound. There’s just one problem-Joe only works part-time and earns $1,000.00/month, and has no other income to support himself. Joe gets “fast-talked” into a loan on a $30,000.00 vehicle, for a term of 7 years. The payments are roughly $425.00/month, due to Joe’s subprime credit score. Joe doesn’t think he can afford it, but the sales manager wants to meet the end of the month sales goals, and tells Joe that if he can him approved, he must be in a position to afford it. The sales manager, without Joe’s knowledge, takes Joe’s completed loan application, and changes Joe’s income from  $1,000.00/month to $7,000.00/month.  “Miraculously”, the loan is approved; however, 2 months later, Joe is behind on his vehicle payments, and is facing repossession. This article contains  real examples of this scam. https://www.wsj.com/articles/an-809-car-payment-a-660-income-how-dealers-make-the-math-work-11576924201 Reading the fine print may not work in either of these situations; but, common sense can.  We know that Joe Jones should not have signed off on the financing, because he clearly couldn’t afford either vehicle. Of course, if we suffer from “shiny object syndrome”, (and we all have) it can be hard to resist driving that new car off the lot. Use common sense when making large purchases, such as a vehicle. Consider the full cost of your vehicle, and not just the monthly payment-registration, insurance, maintenance. And buyer beware-if you buy it, you own it. You can try to “undo it”, but it’s a tough battle to win. Let’s all use common sense to avoid being financial victims.]]> by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47033 2023-10-30T05:39:23Z 2019-01-02T20:43:19Z

 Living from paycheck to paycheck

Struggling to pay the minimum on credit cards every month

Borrowing from friends and family to “tide you over” until the next month

Using a credit card, or home equity line of credit, to pay for necessities such as groceries and utilities

Using one credit card to pay the monthly payment on another

 You have nothing set aside for an emergency, such as a major car repair or medical bill

 You have no budget in place, and  arejust “winging it” every month

Some of these are obvious, but the situation can sneak up on you, and before you know it, you can’t pay your bills on time without considering whether or not to buy groceries for the week. This is not the position you want to be in, but you need to take control of the situation before it takes control of you. Follow these 5 steps to figure out whether you need to consider bankruptcy.

• Step 1: Look at your monthly income and expenses.  This is usually a very painful dose of reality for most of us, but it’s the only way to realistically assess your financial picture, and set up a budget. There’s no way to assess your finances unless you take this initial step.

The income side is usually straightforward, unless you are self-employed, or do seasonal work. On the expense side, only list monthly payments for rent/mortgage, utilities, groceries, student loan payments, car payments, insurance, etc. Do not list any discretionary expenses like vacations, eating out, and charitable contributions. This doesn’t mean that you will eliminate all of these expenses in your final budget; for now, you want to know what the “bottom line” is for all necessary expenses. Deduct your expenses from your income-this is your “Bottom Line”.

• Step 2: List all of your credit card debt, medical bills, and personal loans, and add the payoff balances. You may want to pull a free credit report at annualcreditreport.com to verify the balances, and see if there are any other debts lurking out there. This is a painful exercise, but I promise you will feel better knowing this figure. This is your “Discretionary Debt”.
• Step 3: Look at the “bottom line” in Step 1. Do you have money left over after necessary expenses? If you do, you’re still not “out of the woods”. Proceed to Step 4. If you have nothing (or less than zero) left, proceed to Step 5.
• Step 4: The general rule is that, unless you can repay 60% of your debts in 5 years, you should consider bankruptcy.

Here’s the formula:

1. Take the figure from Step 2, and multiply it by .6 (i.e. 60%)
2. Take that figure, and divide it by 60. This is your “Monthly Debt Payout”.

If your Monthly Debt Payout in Step 4 is more than your Bottom Line in Step 1, you can probably avoid bankruptcy, and work out a debt consolidation plan through a non-profit credit counseling company. If the figure in Step 4 is less than the figure in Step 1, (or the result in Step 3 is less than zero), you need to strongly consider bankruptcy. Proceed to Step 5.

• Step 5: Don’t panic. If the result in Step 3 or Step 4 steers you towards considering bankruptcy, you still have other non-bankruptcy options: To solve your budget shortfall, you need one of 2 things: more income, or fewer expenses. Can you get a part-time job to supplement your income? Rent a room in your house? Can you cut back on eating out, vacations, and charitable giving? Are you willing to mow the lawn this summer, and not hire the landscaper?

If increasing income or reducing expenses isn’t an option, or it won’t give you enough income to “balance your budget” in Step 4, consider bankruptcy. Filing bankruptcy is a major life decision. I have over 25 years’ experience handling bankruptcies. I always present both non-bankruptcy and bankruptcy options to clients, so that they can make an informed decision. The most common reaction clients have once they have filed for bankruptcy is “I feel like I’m in control again”. So, take control of your financial situation, and get back in the “driver’s seat”.   (Blog posts are intended for informational purposes only, and do not constitute legal advice, nor do they create an attorney-client relationship)]]> by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47035 2021-08-04T19:46:51Z 2018-10-22T19:44:36Z

Are there different types of student loans? Basically, there are 2 different types of student loans that you need to be aware of: government guaranteed loans and private (non-government) loans. Private loans are typically offered by schools as a financial incentive to enroll.

2. Can student loans be discharged in bankruptcy? If your loan is a private loan, i.e. not guaranteed by the government, then you may be able to discharge it in a bankruptcy, if the loan was not used solely for educational purposes. The IRS has complicated rules about “educational purposes”-basically, though, if you borrowed more than the cost of your tuition, fees, books, etc., then your loan was not solely for educational purposes. Another loophole is where the school is not approved by the Federal Department of Education (DOE) for student aid programs; if the school is not DOE approved, then the loan can be forgiven.

3. Are student loans forgiven if the school goes out of business? Usually, if a school closes, loans are not necessarily forgiven. In order to get those loans forgiven, you would need to file an application with the DOE, and meet specific criteria. For example, if you paid tuition and fees for courses, and the school closed during the semester, and you could not complete the courses, nor could you get credit for them. The DOE can also make exceptions for fraud.

4. Are there other options for forgiving student loans? If you are deemed disabled by Social Security disability, then you can apply for student loan forgiveness. There are also government loan forgiveness programs for public service employees and teachers in low-income communities, where after 10 years of employment, the balance of the student loans is forgiven.

5. What is the one thing that most people don’t know about student loans? Unlike other debt, government guaranteed student loans have no statute of limitations, so if you don’t pay the loans, they don’t go away. The government even has the power to take money from your social security disability and retirement benefits to pay for delinquent student loans.

]]> by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47038 2021-08-04T19:55:28Z 2017-12-12T20:54:58Z

by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47041 2021-08-04T19:56:34Z 2017-10-17T19:55:40Z

by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47043 2021-08-04T19:59:36Z 2017-08-14T19:58:40Z

by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47045 2021-08-04T20:01:20Z 2016-03-07T21:00:31Z

YOUR BUDGET: As a general rule, start by evaluating your budget: what is your monthly income? What are your monthly expenses? In my many years of experience, this is the single most difficult thing for the average person to do, particularly if you suspect that your expenses are more than your income. It is also the most effective tool for beginning to analyze your financial situation. It’s easy to go from week to week, month to month, just paying the bills as they come in, without giving a thought to cash inflow and outflow. You don’t need  fancy software to analyze your budget, but there are many programs out there that are very helpful if you are a “visual” learner (like me). With software, you can also save the budget, revise it, and do projections. But, a pen and paper work, too, for looking at your basic budget. If expenses exceed income, it’s time to dig deeper to see what changes you can make to reduce the “red ink” at the end of the month. If you can balance the budget by reducing those trips to Dunkin’s, or the daily lunches out, then you’re probably OK. However, if you can’t see any areas where you can reasonable reduce expenses, and you don’t have a feasible way to earn more income, then it’s time to dig deeper. Let’s look at the 2 most common types of debt which lead to filing bankruptcy. CREDIT CARD DEBT: How much credit card debt do you have? Are you barely making the minimum monthly payments? Are you using credit cards to pay for groceries and medical bills? These are usually signs that you might be in financial trouble. Try this-look at your budget again, but eliminate all of the credit card debt payments. Are you “in the black”? If so, you may want to consider filing for Chapter 7 bankruptcy to clear those debts, and get a fresh start. MEDICAL BILLS: Medical bills are another common source of debt, which can quickly become overwhelming, even if you have health insurance. When you have a medical emergency, meeting the deductible, and paying for copays and uninsured treatment can put you thousands of dollars in debt. If your medical providers are willing to negotiate monthly payments with you, and you can make those payments consistently without going “into the red” every month, then you are probably on the right track.  If you are struggling to keep up with the medical bills, then Chapter 7 may be an option for you. Next time, we’ll talk about how Chapter 7 bankruptcy works, and who is eligible to file.]]> by Law Office of Darlene M. Daniele https://www.darlenedanielelaw.com/?p=47048 2021-08-31T12:34:06Z 2016-02-06T21:01:33Z

[1]. The Living Will statute was first adopted in New Hampshire in 1985. It wasn’t until 1991 that the New Hampshire legislature changed the Living Will law, and added new provisions allowing DPAHC’s, commonly known as health care proxies. In 2007, a new form called “The New Hampshire Advance Directive” was adopted, combining the DPAHC and the Living Will. The most common question from clients when they are reviewing the New Hampshire Advance Directive form is “Why do I need a Health Care Proxy (DPAHC) if I have a living will?” The main difference is that the DPAHC allows you to appoint someone to speak for you and make health care decisions on your behalf, when you are incapacitated and unable to do so. A Living Will is only a document that can become part of your medical record. A DPAHC becomes effective when a person is incapacitated and unable to make health care decisions. If a person is temporarily incapacitated, his/her appointed agent can make health care decisions until the person regains the capacity to make decisions. So, who decides whether or not you are incapacitated, making the DPAHC effective? Your attending physician, or Registered Nurse Practitioner (ARNP) must certify in writing that you lack the mental capacity make health care decisions; the certifying doctor/ARNP then places the certification in the patient’s medical record. The Health Care Agent’s authority begins upon the certification of incapacity. If a person later regains the ability to make health care decisions, then the attending physician/ARNP would prepare a certification of capacity and place that document in the patient’s file. Once a patient’s capacity is certified, the Agent’s power to make health care decisions ends. New Hampshire’s DPAHC form gives broad powers to the agent to make health care decisions for the principal/patient; however, there are certain decisions that the agent cannot make: voluntary commitment, voluntary sterilization, and withholding life-sustaining treatment from a pregnant woman.[2] Our state’s DPAHC form also provides “check-off” instructions for general Life-Sustaining Treatment, if a person is “near death”, as well as “check-off” instructions for specific Life-Sustaining Treatment, namely artificial feeding and hydration. Finally, if you have specific medical instructions concerning Life-Sustaining Treatment, there is an optional section for “additional instructions”. Most people leave this area blank; but for some people, such as members of the  Christian Science faith, who only allow their own medical practitioners to treat them, this is an appropriate place to define those specific directions. [1] The Second part is the Living Will, the subject of the previous article. [2] There are some exceptions to this rule]]>