WHMH at the Pourhouse

On Saturday May 26, 2012 Mark Hill will be launching his new website Mark Kill's "Your Weekly Catch-Up".   Downtown Pourhouse Orlando, located at 20 South Orange Avenue Orlando, FL 32801 (on Corner of Central & Orange) will be hosting the party, with live performances by Mark and Tagas.  

Mark, a former paralegal at WHMH, left the firm in 2010 to pursue a music career.  We wish Mark the best in his new endeavour!

Court of Appeals Ruling Helpful for Homeowners

Last week the 11th Circuit Court of Appeals held that a Chapter 7 debtor could strip a second mortgage lien off his home if the amount due on the first mortgage was greater than the fair market value of the home. The decision undermines the consensus view of bankruptcy courts and practitioners since the Supreme Court decision in Dewsnup v. Timm in 1992. For homeowners struggling with their mortgage payments, the decision appears to open another channel for debt relief.  In re McNeal, 2012 WL 1649853 (11th Cir. 2012).

WHMH Attorney Speaks at Luncheon

On April 20th, Attorney Roman Hammes presented at the Bankruptcy Court’s Brown Bag Lunch on 727 discharge and 523 dischargeability litigation. Roman, a South Carolina native, joined the firm as an associate attorney in November 2010. Roman has practiced both commercial litigation and bankruptcy law, and is active in many legal associations. WHMH is proud to have Roman on our team!

Medical Bills and Bankruptcy

Battling a serious illness can be a stressful time.  Compounding that stress for many Americans is how they will pay medical bills.   More than 60% of all personal bankruptcy cases filed are due to medical debt. 80% of those who file for bankruptcy protection have some form of health insurance. 

Why do medical problems force so many insured Americans toward bankruptcy?  In many cases high medical bills directly contribute to their bankruptcy.   Costs for prescription drugs, hospitalizations and the need for chronic care are the most frequent causes for medical bankruptcy.  Many families with coverage are underinsured, making them responsible for thousands of dollars in costs out of their own pockets.  Others lose coverage when they became too sick to work. Many insurers cancel coverage immediately when an employee suffers a disabling illness; others do so within a year.

Medical bills will not go away.   Doctors offices or hospitals will bill you for any amount that is not covered by your health insurance.  If you do not satisfy these bills, your debt will most likely be turned over to a collection agency.  Collection notices may be posted on your credit report, resulting in a lower credit score.  Continuing failure to pay these bills may result in a judgement against you or a possible garnishment of wages or tax refunds.

Bankruptcy was designed to resolve debt and help people get a second chance.  Please contact our office to set up a consultation and discuss your needs with one of our knowledgeable attorneys.

Employee Profile: Jennifer Kanipe

Jennifer has been with the firm since 2011, and works as David McFarlin’s Paralegal.  Jennifer was born and raised in Indiana, and lived for several years in Tennessee.  Jennifer loves everything that has to do with the outdoors, especially fishing and camping with her husband and 2 children.  Jennifer loves art, and was a competitive swimmer as a child.  Jennifer is passionate about assisting our clients in a supportive and professional way.  We are honored to have Jennifer as part of our team.

Congratulations Claire Frenkel!

WHMH congratulates Claire Frenkel, daughter of Office Manager Maureen McArdle, for receiving the NCAS Dr. Richard Lapchick Award.  The Lapchick award is an honorary award for recognition of academic and athletic achievement and utilizing sports as a vehicle for positive change in the community.

Claire, a graduate of Boone High School, will graduate in May from the University of Central Florida with a degree in Psychology, and is the Captain of the UCF Woman’s Rowing team.  She intends to attend Nursing school after graduation.  Claire is very active in community service, volunteering her time with many organizations, including the Juvenile Diabetes Research Foundation, Canine Companions for Independence and the Pediatric Cancer Foundation.  Way to go Claire! 

Employee Profile: Mellissa Anne Waters

Mellissa, who has been with the firm since 2000, is our Billing and Marketing Coordinator.  Outside of the office, Mellissa enjoys attending concerts, spending time with her husband of 13 years and volunteering at her son's school, where she is the "class mom".  Mellissa takes pride in helping our clients with all of their billing needs, whether it is providing bills or assisting clients with payment plans to fit their budget.  We are happy to have Mellissa as part of our team.  

Success After Bankruptcy

The old adage "if at first you don't succeed, try try again" is often easier said than done.  Sometimes though, bankruptcy is an excellent way to put past difficulties aside and start fresh.  Some people who have filed for bankruptcy protection and gone on to great success:

• Walt Disney - Before he became a household name, Walt Disney made cartoons under the studio Laugh-o-Gram.  His business was unsuccessful and when he became unable to pay employee's salaries he was forced into bankruptcy.  He later moved to Hollywood, where he went on to create the Walt Disney Studios and Theme Parks; 
• Abraham Lincoln -  Many more than fourscore and seven years ago, Honest Abe bought a general store, but sold his share after consistently poor sales.  When his former partner died, he became liable for back payments and declared bankruptcy.  Lincoln didn't have modern bankruptcy laws to protect him, and lost his only remaining assets to creditors.  He then went on to become the 16th president of the United States;
• Henry Ford - In 1899, Henry Ford founded the Detroit Automobile Company.  At that time, Ford had not yet invented his now famous assembly line, and the company went bankrupt after producing only 20 cars. In 1903 he founded the Ford Motor Company, which later changed its name to the Cadillac Automobile Company;
• Willie Nelson - An iconic Country singer and actor, Willie Nelson was forced to file for bankruptcy in 1990 when he could not pay a large IRS tax debt.  While all of his assets were seized, including his bank accounts and homes, he was able to recover by releasing an album titled “The IRS Tapes: Who’ll Buy My Memories?”

Filing for bankruptcy can be a stressful time, but as these celebrities have proved, bankruptcy can be just a bump in the road to greater success.

What is a discharge in bankruptcy?

A bankruptcy discharge releases the debtor from personal liability for certain debts. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts.  Although a debtor is not personally liable for discharged debts, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.

Birthday Wishes

WHMH wishes a happy birthday to legal assistant Jerry Updike.  Hope you have a great day, Jerry!