THE client is 66. He says he is now old all of a sudden. He migrated here in 2004. He says he has been working hard since he arrived, but hasn’t really been able to amass any wealth. He worked various jobs paying $10 to $15 per hour and never bought a car. He only rents a room for $400 a month. He uses public transportation to get around and to get to work. Mostly, he uses the bus.
So he has to do some walking from the bus stop to wherever he is going. About four years ago, he was treated for some kind of cancer. Chemotherapy worked and he has been cancer free so far. The problem, of course, is that for five years you are under observation to see if there is any recurrence. If there is a recurrence, you have to battle cancer again. Another problem is that his knees are becoming a problem. They hurt when he walks. I asked, “why don’t you use a cane?” He said he’s going to have some surgery done on them.
His general feeling is that he’s not as strong as before. He feels weaker than before. So he doesn’t want to keep on working anymore. He says he owes $20,000in credit cards. He has timely paid these cards for the last 10 years at $500 a month. That is the minimum payment required which pays all interest and a minuscule principal. After paying $60,000 for minimum payments for the last 10 years, he said, would you believe, I still owe the very same $20,000. I said, I know. It doesn’t make any sense that you should pay $60,000 but still owe the same $20,000. But that’s the way those cards work with minimum payments. You’re forever on the hook.
I asked if he is now on Social Security. He said, not yet. I guess he’s waiting for the day he stops working to claim full social security benefits plus some. As you probably now, after 66, social security benefits will increase by about 7% a year until you reach 70, at which time, your social security benefits will be bigger, maybe 30% bigger than at age 66.
I’ve heard stories about this waiting game with social security. My friend was 68 and still waiting. Then he died unexpectedly from complications from diabetes. He was able to manage his diabetes for well over 20 years. But who knows what happened. One day, his blood sugar just shot up and they could not bring it down, then his heart failed.
He was never able to claim his enhanced social security. Life’s not fair, really. People die when they don’t expect to die. You may be all young and strong with your whole future ahead of you. You get married in the Maldives with your sweetheart. Then you both go snorkeling, the current is too strong, and you’re both swept further away into the ocean. You both try to swim back, but it’s too far. You both drown, and so sorry, you both die on your honeymoon. Did you plan on this happening? Nope. Or, you go to Phuket for your honeymoon. But the Tsunami kills you while your bride is safe in the hotel, totally unexpected. Such is life. Even if you live up to 96, it’s still short. But would you believe that I met this couple last Christmas and the man is 91, a physician. He said he retired five years ago from UCLA. They walk two miles every day and eat a Mediterranean diet. He looked young for 91, probably looked about 70. He said he feels strong and even jumped around to show me how healthy he was. He said he took no medications at all. So if you want to be around a long time, walk two miles every day and eat a Mediterranean diet. I’m sharing this with you for free. “Salud my friend, may you live to 120.”
So the question is why saddle yourself with debt and be miserable every day when life is so short? Just get rid of all your debts if you qualify for Chapter 7 or Chapter 13.
Going back to the senior client, he says he wants to retire now but his social security will only be $700 a month. Just the minimum monthly payment on the $20,000 in credit cards is already $500. He won’t have enough to pay his rent if he doesn’t get rid of the credit cards now. If he gets rid of the $20,000 cards now and moves to a senior housing room, he might be able to rent a room for $250. With $700 of social security, he will still have about $500 left for food and public transportation.
Business owner seeks Chapter 7 for $120K credit cards, business credit lines
The second client is only 60. His wife left him some time ago. So he is now living by himself. His rent is about $800. His son works but lives by himself and doesn’t help him. Right now, he has zero income. Don’t forget, to get early social security, you have to be 62, and you only get 70% in full benefits. I don’t know where his income is coming from. This is what I call no visible means of support, but there’s some income coming in from somewhere.
He says that he started a business that requires him to have an office here in LA and another office abroad. It’s a service-related business. So he has two office rents to pay monthly. The total monthly office rent here and abroad is $5,000. He financed this business with loans consisting of credit cards, bank business credit lines totaling $120,000, and some personal loans. He got these loans 10 months ago. This is month eleven and the business doesn’t have enough cash flow for him to pay the $5,000 office rent. He has been paying the loans of $120,000 with minimum monthly payments for the last eight months. He stopped paying on month nine. So, the business is now dead in the water, “Kaput.”
His creditors are calling and asking for payment which he can’t do. I examined his financial situation and told him that he can do a Chapter 7 to start again fresh by wiping out the $120,000 and the personal loans. The matter at issue here, of course, is if there is any intent to defraud creditors since all these loans are “very new,” all of them less than a year old. He needs an experienced bankruptcy lawyer to assure the success of his Chapter 7. I would expect some opposition perhaps from several of his creditors.
If you need debt relief, please set an appointment to see me. I will analyze your case personally.
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DISCLAIMER: NONE OF THE FOREGOING IS CONSIDERED LEGAL ADVICE FOR ANYONE. EACH CASE IS DIFFERENT. THERE IS NO ABSOLUTELY NO ATTORNEY-CLIENT RELATIONSHIP ESTABLISHED BY READING THIS ARTICLE.
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Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.
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