Audi Law PLLC Legal Blog
What Happens to My Credit Cards if I File for Bankruptcy in Pennsylvania?
People who file for bankruptcy often have overwhelming credit card debt, making bankruptcy an attractive option to start anew. Whereas individuals are allowed to file either Chapter 7 or Chapter 13 bankruptcy, both options typically result in any open credit cards being canceled. If there is an outstanding balance on...
What if There is No Money to Pay Debts in the Estate?
After a person passes away, any outstanding debts will be paid out of the decedent’s estate. A hiccup occurs when sufficient funds do not exist. If this is the case, then certain debts may remain unpaid. However, the personal representative does retain the option of negotiating a payment plan with...
What are the Costs Associated with Probate?
Probate is the process by which a will is approved as a valid legal document in court. A number of bumps in the road can factor into probate, making the process of distributing assets to beneficiaries more expensive and time-consuming. If you are in the midst of probating a loved...
How Long Does the Bankruptcy Process Take in Pennsylvania?
Filing for bankruptcy can allow you to discharge certain debts or restructure your debt. In Pennsylvania, individuals have the option to file for either Chapter 7 or Chapter 13 bankruptcy. The timeline for each varies drastically, with the Chapter 7 process taking four to six months and the Chapter 13...
Why there’s no shame in bankruptcy
Nobody wants to file bankruptcy – but you shouldn’t be ashamed to do it, either. A lot of people feel like bankruptcy is a sign of some personal failure, or they’re embarrassed that other people might find out about their money troubles. That way of thinking is self-destructive and unnecessary,...
What should you know about pour-over wills?
When making your estate plan, you have several powerful legal tools to choose from, such as a pour-over will. You might be surprised at how powerful this estate planning document can be in preserving your asset distribution preferences. It works in conjunction with a living trust, which is another effective...
Who can be considered for a VAWA visa?
The Violence Against Women Act (VAWA) is designed to protect victims of domestic violence, dating violence and sexual assault. Under VAWA, certain spouses, including those married to U.S. citizens or lawful permanent residents (LPRs) who have experienced abuse, may be eligible to apply for a self-petitioning visa to remain in...
Why tell your child’s school about your divorce?
Divorce is a deeply personal issue that covers sensitive family matters. Thus, it’s natural not to want to share it with everyone. Nonetheless, there is a balance to be struck. You, as a divorcing spouse, may need some support, and so too might your child. You may not want to...
Is asylum over in the United States?
Asylum is the process by which the United States grants protection to those who think they will face persecution at home. A person can come to a port of entry or even illegally enter the United States and then ask for asylum. If it is granted, they are allowed to...
Can bankruptcy help when facing foreclosure?
If you’ve missed payments on your mortgage, you are likely worried about losing your home. Perhaps you’ve even gotten notifications from the lender telling you that you have an outstanding balance due. If you do not get caught up on your back payments, they are going to foreclose and take...
What kind of person makes a good business partner?
Launching a new business venture on your own can be daunting. For some people, sharing responsibilities can be very helpful. This is where a business partner comes in. A business partner can share financial responsibility, help with day-to-day issues and shoulder some of the legal liabilities too. However, forming a...
Why so-called “chain migration” is not a bad thing
You’ve likely heard the term before, perhaps first when used by a certain former U.S. president. The words themselves are neutral, but some stigma has grown attached to the term. But what does “chain migration” really mean? Chain migration reunifies families Emigrating alone from your country of origin and finding...
2 reasons to ignore negative bankruptcy stigmas
There’s sometimes a stigma around bankruptcy that keeps people from filing. They are worried about how others will perceive them. They don’t want to tell friends or family members that they’re going through bankruptcy because it feels like a personal failure. They worry about being judged by others. Of course,...
Can you reduce or end alimony payments when you retire?
Increasingly, couples are divorcing later in life. Some choose to go their separate ways when they’re well into their senior years. Couples who divorce in their 50s or 60s typically have different concerns as they go through the process than those in their 20s and 30s do. One of these...
Don’t let your bankruptcy lead to fraud charges
When filing for Chapter 7 bankruptcy, debtors must be very careful not to omit any debts or do anything that the court or trustee could perceive as fraudulent actions. Should that occur, your financial troubles could morph into criminal charges. Nobody wants that. Read on to learn of some common...
Are you too young for an estate plan?
One reason that people won’t make an estate plan is because they think they’re too young. You may have been considering it yourself, but you’re just not sure if it’s worth taking the time to do it. Maybe you’ve always assumed that you would make your estate plan in your...
Do you have to pay support with 50/50 custody?
Long gone are the days when the typical custody arrangement involved the kids staying with Mom during the bulk of the year, with Dad getting visitation every other weekend and some extra time on the holidays or over the summer. Today, there’s a growing awareness that children usually do better...
What is Deferred Action for Childhood Arrivals (DACA)?
DACA is a program in the United States immigration policy that protects certain undocumented immigrants. It does not give you legal status or provide a pathway to citizenship, but it does provide temporary relief from deportation while you sort out your immigration issues. DACA allows you to work legally in...
Should you worry about medical debt if you have insurance?
Medical debt is a significant issue in the United States. When you look at the reasons that people file for bankruptcy every year, you will find that medical debt is very commonly cited. It’s one of the top reasons that consumers find themselves facing unsustainable debt and looking into bankruptcy...
What to know about signing a will in Pennsylvania
After writing a will, the testator (the person who makes it) needs to sign it to validate the wishes included in the document. Signing a will is a critical step. A simple mistake can have negative impacts. Here is what to know about signing a will: Signing should be after...
3 important considerations when starting a new business
Starting a small business can potentially change someone’s life. Those who form and operate successful businesses can become their own bosses and take control of their financial circumstances. The process of developing a new business can be challenging, as the decisions someone makes early in the creation of a company...
3 tips for effective co-parenting
Co-parenting after separation or divorce presents unique challenges. Parents may need to navigate a new dynamic for the sake of their children. Effective co-parenting strategies focus on maintaining a positive environment for the children despite the complexities of the parents’ relationship. The ability to put the children’s needs first is...
3 times during marriage when you should update your estate plan
Life is dynamic, and so are the circumstances surrounding marriage. Your estate plan should always reflect the current status of your life, accounting for changes in assets, relationships and even new additions to the family. Failure to update your estate plan regularly can lead to unintended consequences and disputes among...
How you can prevent inheritance theft with sound estate planning
You may have heard the terms “inheritance theft” or “inheritance hijacking.” This might bring to mind things like your sibling taking the antique desk you wanted your grandchild to have or your wedding ring going “missing” instead of to your daughter, as you intended. Certainly, these are examples of inheritance...
Could your green card status be at risk if you divorce?
Divorce, particularly when there are children involved, is never easy. However, if your spouse is a U.S. citizen and you have permanent resident status and a green card based on your marriage, you likely have some questions about your rights in the divorce and what this will mean for your...
Who can obtain a green card for their parents?
Many people dream of living in the United States. Some people are able to make that dream a reality. They obtain educational opportunities or jobs that help them qualify for visas. Other times, they can use personal relationships as part of the immigration process. Once someone has legally entered the...
2 good reasons to consider creating a pour-over will
A pour-over will works in combination with a living trust to add extra protection to your assets. It ensures that any property not included in the trust when you pass away is transferred to the trust automatically. You may believe your existing estate plan provisions are all you need, but...
4 reasons to practice good self-care during your divorce
Those going through a divorce tend to put many things in their lives on the back burner until it’s all over. Examples include going on vacation or buying a new car. Another thing that often gets put on hold in a divorce is proper self-care. It is easy to forego...
Why a tentative trust may need to be part of your estate plan
You may have heard the term “Totten trust.” It’s referred to as a “tentative trust” under Pennsylvania law. It’s not a trust in the way most people think of them. It’s a payable-on-death (POD) account you can open at a financial institution. A tentative trust can be an important part...
What is a commingled inheritance during divorce?
Most of the time, an inheritance starts out as a separate asset that is owned by one person. Even if that person is married at the time that they receive the inheritance, it is still a separate asset. For instance, maybe you got married five years ago. Last year, your...
Should you file for Chapter 7 bankruptcy?
If you don’t earn much income and your debts have become overwhelming, filing for Chapter 7 bankruptcy may be the opportunity you need to regain control of your finances. For those who qualify, Chapter 7 bankruptcy can serve as a gateway to a fresh financial start. Yet, because this opportunity...
Are you too young to draft an estate plan?
Young people tend to feel like they have a lot of years in front of them, which is most likely the case. However, the truth is that you never know what’s around the corner. Estate planning offers individuals the chance to make arrangements should they become incapacitated. You may think...
How is property divided in Pennsylvania?
Divorce can be a very emotional and stressful life event. When divorce is on the horizon, a couple will be faced with a myriad of complex issues. One of these is how the marital property will be split. Every state has laws regarding division of the marital property during divorce....
Estate planning mistakes that can lead to probate
You may already realize the importance of estate planning for ensuring that your assets are passed on to your beneficiaries. Unfortunately, you could make potential mistakes during this process that may lead to more of your estate going through probate. What are those mistakes, and how can you avoid them?...
Deficiency judgments: What homeowners need to know
When you’re a homeowner in financial distress, you may be looking into a number of different possibilities. Should you let your home go through foreclosure? Should you ask the bank if you can offer a deed-in-lieu of foreclosure to try to minimize the impact of the default on your credit?...
3 things to do when you are in dispute with your business partner
Business partnerships offer significant benefits, from access to new talent and markets to having a support system. However, you and your business partner can be in dispute due to different factors, such as a breach of contract and misunderstandings. You should handle such conflicts carefully to protect your business. The...
How DNA testing can help parents bring their child to the U.S.
Even after you’ve gotten your U.S. citizenship, bringing family from your home country or another country to join you in the U.S. and get a green card is rarely without complications. If you don’t have a “traditional” family, it can be even more complicated. Typically, if you have parents, a...
Dos and don’ts for bankruptcy
Having debts that you’re unable to pay can be a stressful experience. For some people, there’s simply no money to get those bills paid. It can be very disheartening to have creditors calling and mailing statements to attempt to get money when they know they don’t have any. For some,...
How to keep costs down during divorce
Divorce can be challenging and emotionally taxing, often with significant financial implications. However, there are several steps you can take to keep costs down during a divorce. Here are some strategies that may help you avoid overspending during your divorce. Communication and cooperation Maintaining open lines of communication with your...
Has a customer failed to pay their bill?
Your company prides itself on providing top quality products and services at a competitive price. Thus, you have been quite successful in your commercial activities. You have a catalog of repeat customers and you’re also attracting new clients all the time. However, it hasn’t always been plain sailing and you’re...
Is Chapter 7 bankruptcy a good option for debtors?
There are a number of debt management and debt relief opportunities available for individuals who are struggling with debt. If a single account is giving you trouble and you’ve recently secured an inheritance or a tax refund, exploring a debt settlement arrangement could allow you to move forward unburdened. If...
Which parties can you be in disputes with?
When you run a business, you may be in dispute with any involved party. Despite observing the required measures to be a reliable party, you may still conflict with some people and potentially face a lawsuit. This guide discusses four parties you can dispute with: Employees Your employees have roles...
How to prepare for Chapter 7 bankruptcy
Not many situations are as stressful and frightening as struggling with debts that you cannot pay. Fortunately, Chapter 7 bankruptcy allows you to discharge unsecured personal debts so you can get back on your feet and focus on rebuilding your finances. However, the process of filing for bankruptcy can be...
3 common mistakes to avoid during the divorce process
Divorce by all means is a difficult life experience. It is easy to feel resentful, angry, sad and even lonely. While emotions are expected, they may lead to serious mistakes that can have a lasting impact on your life. If you are going through a divorce, it is important that...
Who is eligible for a green card?
The U.S. is renowned for being a land of opportunities and relative safety. For these reasons, many individuals seek to move there permanently. There are numerous different methods of obtaining permission to stay in the U.S., with a green card being one of the most desirable. However, not everyone is...
You can prevent an heir from wasting their inheritance
One thing that people sometimes mention when creating an estate plan is that they are worried that their heirs may not have the same values that they do, or that they may have different spending habits. Essentially, the person is concerned that they have been saving money their entire life...
Rebuilding your credit after filing for bankruptcy
One of the primary reasons why individuals who are struggling with debt hesitate to file for bankruptcy is that they’re worried about what taking this step will do to their credit. Thankfully, creditors are usually far more interested in someone’s recent financial history than their older approaches. As a result,...
Will you lose your house if you file bankruptcy?
Filing for bankruptcy can be an incredibly stressful experience. With all of the legal paperwork, not to mention any judgments passed down by creditors, you’re likely feeling overwhelmed and unsure of what will happen next. One fear many people have is losing their house when they file bankruptcy; after all,...
3 things to remember when you tell the kids about the divorce
If your children have grown up with you and their other parent in the same house, the news of divorce can be distressing. Their sense of family and security will be impacted significantly. Because this is an emotional subject for many children, it is important that you think about how...
Operating agreements: What are they and why do you need them?
Setting up a new business is an exciting, and often stressful, time. You want to make sure that you’re doing everything right and are complying with all the legal requirements expected of you. If you’re running your business as an LLC, an operating agreement can be the answer to defining...
Encouraging prompt payments from your customers
You have loyal customers and you’re also managing to attract new clients. Usually, business runs smoothly. You provide a high standard of service and your customers are happy to pay for this. Unfortunately, there are a few customers who have been late with payments. Not only is it time-consuming to...
Is a rival firm defaming your company?
Companies with sound reputations tend to succeed while those who do not have this fall by the wayside. Reputation is everything in the corporate world; you and your rivals know this. Ideally, you’d all operate fairly within the same market space. Unfortunately, the corporate world can be ruthless and not...
2 signs you need to file Chapter 7 bankruptcy immediately
Millions of Americans go through financial difficulties each year. One of the remedies you can opt for if your finances are in disarray is declaring bankruptcy. A Chapter 7 bankruptcy can help you discharge unsecured debts like credit card and medical debts. But exactly when should you file for bankruptcy? If...
How should you make a will?
When planning an estate, people are frequently under the assumption that wills are easy to make, but this is far from true. These legal documents outline people’s final wishes, including how their estate is distributed and how their funeral is arranged. When these documents are riddled with errors, people may...
2 mistakes to avoid when filing for Chapter 7 bankruptcy
Filing for bankruptcy is a viable option to get out of debt and get back on a secure financial footing. When filing for bankruptcy, it’s important to avoid mistakes that may result in issues during the process. Knowing what these mistakes are is the best way to file them during...
Tips to help your children cope with divorce
Divorce can have a serious emotional and mental toll on everyone involved. However, sometimes parents are so caught up in the legal process and getting their “fair share” of assets that they forget the impact this can have on children of all ages. The impact of divorce may not be...
Divorce doesn’t have to fracture sibling relationships
It might seem like divorce is easier on kids who have siblings than on those who don’t. Parents often anticipate that their kids will help and support each other. Even if it seems like they’re always fighting about something, their parents hope they’ll put those issues aside and their sibling...
Do you qualify for Chapter 7 bankruptcy in Pennsylvania?
For someone with moderate to low-income levels and major debt, a personal bankruptcy filing can help them regain control over their finances. There are several kinds of personal bankruptcy available, and most people will qualify either for Chapter 13 proceedings or a Chapter 7 bankruptcy. A Chapter 7 bankruptcy is...
Why you should consider a QDOT if you have a non-citizen spouse
There are a lot of misconceptions about whether people who aren’t U.S. citizens can inherit assets. If you’re a U.S. citizen and your spouse hasn’t yet obtained citizenship, you may be putting off your estate planning until that process is complete. However, that could end up costing them a lot...
Reducing employee complaints in your company
You have an established company that started out small but is gaining momentum all the time. You want the operation to run like a well-oiled machine with as few hiccups as possible. One of your top priorities is getting the most out of your employees and ensuring that they...
3 times it makes sense to add a trust to your estate plan
Trusts have an unfairly negative reputation. People often associate them with the incredibly wealthy and with privileged adult children who have never worked a job. However, trusts are actually incredibly useful for many people planning their estates. Both high-income individuals and middle-class families could benefit from adding a trust to...
Understanding collaborative divorce and if it’s right for you
Divorce is never an easy situation. It can be difficult and emotional for everyone involved. While it may not be possible to do anything to save your marriage, you can figure out how it will end. If you and your spouse can work together to agree on a fair settlement...
Is your marriage headed for divorce?
When you and your partner got married, you looked forward to a lifetime of happiness together. Yet, lately, things are tense between the two of you. There are moments when you find yourself wondering if your marriage is headed for a divorce? Sometimes, no matter how much they care about...
How do you prepare for your naturalization interview?
Getting a visa lets you travel to the United States legally. A green card allows you to stay, possibly for the rest of your life. When you have legally been in the United States for a couple of years, naturalization will be the next step to take. Naturalization is the...
Avoid these mistakes during the property division process
If you decide divorcing is right for you, it’s not as simple as signing a piece of paper and walking away. There are multiple negotiations and compromises that must occur. From creating a parenting time schedule to determining financial support and property division, when you divorce, there are several things that...
Get the facts about chapter 7 bankruptcy before you dismiss it
Have you ever heard someone claim that you can only file for bankruptcy once in your life? If so, you have heard a common myth that many people believe. You can file a chapter 7 bankruptcy multiple times if you continue to experience financial hardships. The myth above is one...
Gray divorce is on the rise
You and your spouse met in college. After graduation, you couldn’t wait to get married. Throughout the years you had two beautiful children and you were living the dream. Now, after 25 years together you find yourself feeling unhappy in your marriage and divorce is on your mind. There’s a...
Obstacles to overcome as an immigrant to the U.S.
For years, you’ve dreamed about moving to the U.S. and building a life there with your family. You’ve initiated the immigration process and are looking forward to beginning this next chapter in your life. Assuming you manage to obtain residency, what sort of challenges can you expect as an immigrant...
Does drinking increase the odds of divorce?
Do you feel like your spouse has started drinking more, and are you wondering if that’s going to bring about a divorce? Some studies determined that, over the last two years, mothers who have kids that are 4 years old and younger increased the total amount of alcohol they consumed...
Why is Chapter 13 bankruptcy called a wage earner’s plan?
Chapter 13 bankruptcy is an option that you may have when you don’t qualify for Chapter 7 or you’re not interested in going through a liquidation bankruptcy. This plan is often referred to as a wage earner’s plan, or you may have heard it called a “wage earner’s bankruptcy.” It’s...
How bankruptcy could give you some breathing room
It’s a question that many Pennsylvanians face: Would I be better off financially if I pursue bankruptcy? The reality is that many people live paycheck to paycheck, meaning they are one life crisis away from financial devastation. Even if you aren’t experiencing a crisis, it may seem impossible to dig...
Why do couples drift apart?
Not every divorce involves infidelity or financial stress, or any of the other common reasons that you see for the end of a marriage. In some cases, nothing dramatic happens at all. Time just goes by, the couple seems to drift apart, and they eventually decide to end the marriage. ...
Key facts about an automatic stay
When you file for bankruptcy, if you’re facing different collection efforts or foreclosure, one thing that happens is that an automatic stay is put on those cases. An automatic stay can be very helpful, but you must make sure that you know exactly how it works. Let’s break down a...
Preparing for green card marriage interview questions
One way to get a green card is to marry someone who is a U.S. citizen. The goal, of course, is so that you and your new spouse can both legally live in the United States. This sounds simple, and it generally is for couples who are legitimately married and...
Why would you have to pay your parents’ debts after they die?
If your parents pass away with a lot of debt, you’re probably going to find out about it as you go through the estate. Perhaps you’ve even been named the estate executor. You may be concerned to see this debt, especially if you realize the estate can’t cover it. The...
Is 2022 the year you become single?
Has Christmas with the in-laws reinforced your realization that you need to end your marriage? If so, the sooner you start planning your divorce, the more chance you are free to do as you please next December. A divorce takes time, and many go past the 12-month mark. Yet, with...
Is bankruptcy the answer to student loan debt?
January 31, 2022. If you are struggling with outstanding student loan debt, this is a date you need to watch closely. That is when the pause on student loans is due to end. So far, there is no sign that the government will extend it. If they do not, you...
How to make your child feel comfortable in your post-divorce home
When you go through a divorce, one person will usually move out of the marital home. A parent who’s moving out of the marital home will have to ensure that the children feel at home in their new place. This can be challenging, but there are some ways that you...
Why do people really declare bankruptcy?
If you ask some people, they’ll tell you that bankruptcy only happens to those who are irresponsible with their money. They have this misguided idea that everyone who files made reckless spending decisions and never had any chance to pay off what they owe. But is this actually true? As...
Could preference visas get your family to the U.S.?
It can be very challenging to come to the United States. You might not have had the luxury of bringing over anyone with you when you immigrated, and now you’d love nothing more than to have your family join you. There are options for bringing over certain family members. You...
“Separate and apart” doesn’t mean what you think in Pennsylvania
You can honestly say that there has been an irretrievable breakdown of your marital relationship, and you’d like to get a divorce on those grounds. However, you aren’t ready to move out of the marital home. Pennsylvania law requires couples who want to end their marriage based on an irretrievable...
How can bankruptcy stop your debt from killing you?
When someone says that their debt is killing them, it might sound like an exaggeration. Yet, it may be more accurate than you realize. Debt is not only a financial burden. It can act as a considerable burden on your mental wellbeing. Many people have committed suicide because their debts...
The New PPP Program for Small Businesses
When Congress passed, and the President signed, the new Covid relief bill at the end of December, it not only included another round of stimulus checks, but also a new round of funding for the Payroll Protection Program (“PPP”). The PPP is the program that granted loans to small businesses...
Let’s Talk About HIPAA
Let’s talk about HIPAA – The Health Insurance Portability and Accountability Act of 1996. This law is often misconstrued and misunderstood and has recently been pushed to the forefront of conversations again due to misunderstandings about what it does and does not require. The main purpose of HIPAA when it...
What to do if a Private Business Requires Masks
Wear a Mask.
Systemic Discrimination in the Federal Workplace
I don’t often post about my cases, but given what is happening I think it is important to discuss a case that I am working right now. This case features a federal employee who was subject to as clear-cut a case of discrimination as I have seen. You may think,...
National Estate Planning Awareness Week
By a resolution that was passed on September 27, 2008, the U.S. House of Representatives designated the third week of October as “National Estate Planning Awareness Week”. So, what should you consider when you think about estate planning? The Basic Will Under Pennsylvania law, a document that is signed by...
LOCATING PERSONS AND FINDING BACKGROUND INFORMATION
This post contains materials from a CLE (Find it Fast and Free on the Web) which I wrote and presented at King of Prussia in December of 2015. LOCATING PERSONS AND FINDING BACKGROUND INFORMATION When you are involved in general practice there are going to be a variety of reason...
INVESTIGATIVE RESEARCH: PUBLIC RECORDS AND “PUBLICLY AVAILABLE” INFORMATION
This post is based on a CLE presentation (Find it Fast and Free on the Web) that I wrote and presented in King of Prussia in December of 2015. Investigative Research: Public Records and Publicly Available Information There is no correct way to find information on the internet. First, there...
MURPHY v. NCAA: WHAT THE SUPREME COURT’S RULING MEANS FOR SPORTS GAMBLING
The Supreme Court did not legalize sports gambling nationwide today, but it put the Country further down that track than it has perhaps ever been. In Murphy v. NCAA, the Court struck down the Professional and Amateur Sports Protection Act (“PASPA”) 28 U.S.C. §3702(1) as an unconstitutional commandeering of state...
FINDING “PRACTICE” TOOLS
This post is based on materials created and presented for a CLE presentation (Find it Fast and Free on the Web) in King of Prussia, PA in December 2015. FINDING “PRACTICE” TOOLS A key part to any practice is the ability to produce quality work product in an efficient manner. You...
GOVERNMENT INTERNET RESOURCES: FEDERAL, STATE AND LOCAL
This article was a section of a CLE I wrote and presented (Find it Fast and Free on the Web) in King of Prussia, PA in December 2015. GOVERNMENT INTERNET RESOURCES: FEDERAL, STATE AND LOCAL Statutes, Bills and Legislative History Whether you are filing a brief, giving advice or drafting...
FINDING FREE LEGAL RESEARCH SITES AND FREE CASE LAW
This post was one of the sections of a CLE that I taught (Find it Fast and Free on the Web) in King of Prussia in December of 2015. FINDING FREE LEGAL RESEARCH SITES AND FREE CASE LAW There are a variety of reasons to use free legal research sites...
Blog
This is where I will post written materials including presentations that I make and discussion of relevant cases and events happening in our world.