Debt sucks

You’re in debt, and it feels like there’s no way out. Every day, the weight gets heavier. Maybe your wages are being garnished, or the phone calls from creditors just won’t stop. Maybe you’re even considering sacrificing your retirement savings or other essential assets just to get by. Whatever your specific challenges, they all add up to a constant, inescapable worry:

How will I ever get free of this?

The stress of debt affects every part of your life. It’s not just about money – it’s your peace of mind, your relationships, even your health. Debt can make you feel isolated and hopeless, especially when every option seems like it leads to another dead end. You may have thought about bankruptcy before but felt too overwhelmed to take that first step.

Bankruptcy is a powerful tool designed to help you rebuild. It’s not a dead end; it’s a fresh start. By filing for bankruptcy, you could eliminate or significantly reduce your debt, stop the harassing calls, and protect essential assets like your home and retirement savings.

In a free 15-minute Introductory Call, we’ll discuss your situation and see if bankruptcy could be the right option for you. No pressure, no obligations – just a straightforward conversation about your financial future.

With nearly three decades of experience, I know how to make bankruptcy work in your favor. I’m here to help you understand every aspect of the process and feel empowered, not overwhelmed. As an advocate for individuals struggling with debt, I’ll guide you through the choices that make the most sense for you.

Whether you’re in New York or California, I’ll ensure that you know your rights, understand your options, and get the support you need to rebuild.

Find out if bankruptcy is right for you

You deserve the facts. You’ve been thinking about bankruptcy, but you’re worried about the impact it will have on your future. You’ve heard horror stories about bankruptcy, and your friends and family members are telling you it will ruin you forever. When you go online to learn more, you get sweeping generalizations about bankruptcy that add to the confusion and fear.

Bankruptcy is right for some people, but not everyone. There are different types of bankruptcy cases, each designed to handle different kinds of problems. For some people, it’s the best thing in the world – for other folks, not so much. That’s why it takes time to figure out whether it’s the right move for you.

You won’t lose property in bankruptcy (unless you want to). Filing for bankruptcy is a personal decision that you should make after talking to an experienced bankruptcy lawyer. You shouldn’t file for bankruptcy unless your lawyer can protect your assets.

Bankruptcy protects you. Bankruptcy offers protection from collectors and gives you the chance to reset your finances. You can use the process to catch up on past-due mortgages, rent, and car payments. You can even wipe out some types of tax debts.

Filing for bankruptcy could be the start of a fantastic future. You can start to rebuild your credit immediately and begin saving for a new home or car. You’ll sleep better, worry less, and build stronger relationships with your loved ones.

Here’s what bankruptcy can do

The constant phone calls, letters and threats of wage garnishment have been found to cause depression and negatively impact your mental health. This can cause problems with your marriage, your relationships with family members and friends, and your job performance.

In fact, a recent article published in the journal Clinical Psychology Review reviewed 65 studies and concluded that the likelihood of having a mental health problem is three times higher among people who also have debt, compared with people without debt.

  • Catch up on past-due mortgages, rent, and car payments

  • Prevent foreclosure, eviction, and repossession

  • Force student loans into a payment plan that works for you – not them

  • Stop collection calls at home and at work

  • Halt lawsuits and judgments in their tracks

  • Wipe out credit cards, medical debts and personal loans

  • Pay some personal tax debts over time without further interest or penalties, and wipe out others entirely

  • Protect your belongings and keep what’s yours

  • Start saving for the future without worrying about old debts

Meet Jay Fleischman

bankruptcy attorney jay fleischman

Hi – thanks for stopping by! I’ve practiced bankruptcy law for 29 years, spending my time helping thousands of people get out of debt. I’ve also negotiated settlements on credit cards and student loans, defended collection lawsuits, and helped my clients get their budgets in better shape.

My job is to help my clients get out of debt, fight back against greedy lenders, and sleep better at night.

My law firm has been completely remote for decades, so you don’t need to worry whether we have the security and systems needed to represent you effectively. There’s no reason to disrupt your busy schedule to drive to a lawyer’s office because I’m as close as your phone.

I do things a little differently around here. For example:

  • Schedule your appointment online. You won’t be forced to play phone tag, wait on hold, or explain your situation multiple times.
  • Meetings will be held by phone or video (your choice) so you don’t have to take time out of your day to come to the office.
  • I’m really informal. We’ll talk about your problems, your goals, and all the different ways to get you closer to where you want to be. You’ll get the facts in plain English – not technical legal jargon (people who use jargon are trying to impress you – or confuse you).
  • I’ll send you a complete recording of our meeting so you can pay attention to the conversation instead of scribbling notes.

More than just bankruptcy. When it comes to getting out of debt, there’s no single solution that works for everyone. Student loans, tax debts, and other issues may be handled outside of bankruptcy – but good luck finding a lawyer who can address all of those needs. When we talk, I’ll draw on my knowledge of credit reporting laws, debt collection statutes, and regulations governing student loans. This way you can get the right solution.

Satisfaction. Guaranteed. Lawyers can’t guarantee specific outcomes, but we do ensure your complete satisfaction with the service you receive. If you’re unhappy with the way you’re treated at any time during the course of our relationship, just let me know – I’ll do everything I can to make it right.

What do clients say?

  Mr. Fleischman provided more information and explanation regarding my student loan debt than any servicer or lender ever has. – Sydney

  I went from feeling overwhelmed to feeling like I could get things under control.– Joe

  We contact Jay Fleischman to help us with our Parent Plus Loan forgiveness. He was very knowledgeable and helpful and gave us several options on how to move forward. We would highly recommend him.– Julie

  I highly recommend Jay for anyone who is stuck in default. He gave me simple step by step directions on how to get all my loans back in good standing with the best option possible.– Christy

Answers to common questions

Most people qualify for bankruptcy – the real question is whether it’s the right choice for you. To get to that answer, our initial consultation will focus on these issues:

  • What type of bankruptcy do you qualify for, based on your income and debts?
  • What would be the outcome if you file for bankruptcy?
  • Would the outcome of filing for bankruptcy be better than your current financial situation?
  • Are there other options for getting out of debt?

When we meet, I’ll review your situation thoroughly and give you the advice you need to answer those questions. If bankruptcy is the right solution for you, we can get started right away.

There’s no legal requirement that you have legal representation in bankruptcy court. But ever hear the phrase penny wise, pound foolish?

You’re filing for bankruptcy because you’ve got a lot of debt and you want to protect yourself. Unless you’re a lawyer, you probably don’t have a lot of experience dealing with the various laws that work together to make the bankruptcy system work. If you screw up, the risk of loss is far greater than the cost of working with a lawyer.

Any attorney who quotes a legal fee without knowing the details of your situation is stupid, a liar, or both. Your situation may be very simple, or incredibly complex – and because most people don’t know much about bankruptcy law, your case may be easier (or more difficult) than you think.

Though I can’t give you a firm answer, I can tell you the following:

  1. Your initial consultation is free.
  2. I typically charge a flat fee to represent someone in a bankruptcy case.
  3. Once we agree on a fee, you’ll get it in writing.
  4. There is zero pressure to hire me.
  5. I’m not the cheapest lawyer around
  6. I’m not the most expensive lawyer around.
  7. You can’t use your credit card to pay my legal fees, but someone else can pay the fees using their credit card.
  8. Most people pay their legal fees over time so it’s less of a financial burden.

If we decide to work together, you control the payment plan. Once we agree to a legal fee, you’ll tell me how often you’ll be making a payment and the amount of each installment. That schedule will go into the written agreement we both sign, and installments will be automatically deducted from your bank account so you don’t have to remember to send a check or money order.

Depending on the type of bankruptcy case, you will pay all or part of the legal fees before your case can be filed with the court. As you make your payments, we’ll be working to get your case ready by drafting the required court documents. This allows you to get your case filed at your pace instead of an arbitrary timeline.

If filing for bankruptcy means losing something you want to keep, then you shouldn’t file for bankruptcy. There are different types of bankruptcy cases depending on your goals:

  • Chapter 7 allows you to wipe out many types of debts, allows you to keep various types of property and belongings up to certain value limitations.
  • Chapter 13 involves a plan to repay a portion of your debts over 3-5 years in exchange for being able to keep property and belongings regardless of value.

If we work together, I’m not going to recommend Chapter 7 bankruptcy if it means you’ll lose something (unless you don’t want to keep it) or if it won’t meet your needs. I won’t recommend Chapter 13 unless we know you’ll be able to stick to the repayment plan.

You can keep your home in Chapter 7 bankruptcy if your equity is below certain limits. If the median sale price of homes in your county last year was:

… less than $300,000, you can protect $300,000 in equity.
… more than $600,000, you can protect $600,000 in equity.
… between $300,000 and $600,000, you can protect an amount of equity equal to the median sale price.

In Los Angeles, the median price of a single-family detached home was $709,500 in December 2020. So long as you have less than $600,000 in equity, you’d be able to protect your home in a Chapter 7 bankruptcy case filed in 2021.

HOW TO CALCULATE EQUITY

  1. Determine the fair market value of your home by getting a formal appraisal.
  2. Add total balances due on all outstanding mortgages and other liens.
  3. Deduct the total balances due on all outstanding mortgages and other liens from the fair market value.

You can keep your vehicle in Chapter 7 bankruptcy if your equity is below certain limits based on the set of exemption laws you use in your case.

Under 703 exemptions, you can protect a personal vehicle with equity of up to $3,525, or $2,000 if the vehicle is used in connection with your business.

704 exemptions allow you to protect a personal vehicle with equity of up to $2,725, or $7,175 if the vehicle is used in connection with your business.

Each of the two sets of exemption laws provides different protections, which is why it’s important to work with an experienced bankruptcy attorney.

HOW TO CALCULATE EQUITY

  1. Determine the fair market value of your vehicle using a recognized resource such as Edmund’s or Kelly Blue Book.
  2. Add total balances due on all outstanding loans.
  3. Deduct the total balances due on all outstanding loans from the fair market value.

Get started with three simple steps

  • Schedule a Free 15-Minute Introductory Call. Just go to https://www.moneywiselaw.com/free-call/ to set up a time to talk with me.

  • Get Answers. I’ll ask you a few questions to make sure I can help you and answer your questions about bankruptcy.

  • Put Your Plan Into Action. Maybe bankruptcy’s the right solution to your problem, or perhaps you’re better off working with a single creditor to settle a debt. No matter what road you need to take, I can help you get on track and set you up for success. I’ll work with you every step of the way, providing you with the highest level of service and the best possible results.