Crushing Debt

Professional and collegiate sports have been cancelled, foreign travel is suspended, schools are closed, conferences are cancelled, the markets are in a state of shock. While we all self-quarantine, force-quarantine, and practice "social distancing" I thought I would string together some interviews to discuss the impact of COVID-19, or the Coronavirus, on the economy. Thank you all who provided your input, or a sound-bite, and in today's episode of the Crushing Debt Podcast, you'll hear from:

• Forrest Baumhover - Lawrence Financial Planning and Episode 115 of the Crushing Debt Podcast
• Ian Leavengood (next week's guest) - Leavengood, Dauval, Boyle & Meyer, P.A., and Collateral Bankruptcy Services
• Jonah Faulkner - Independent Insurance Broker
• Chris Krimitsos - Podfest Multimedia Expo
• Chris Calandra - Elliott Wealth Management Services and a guest on Episodes 157, 162 and 186 of the podcast
• Richard Ficca - Gorilla Bench Training Center, Florida Coastal Insurance Agency, and a guest on Episode 69 of the podcast
• Ryan McElhaney - Crossfit ABF, who's wife was a guest on Episode 169
• David Ide - Director of Investments, McKibbon Hospitality, and former Chief Economist for USAmeriBank. David can be reached at [email protected]

What is the impact of the economy on you? Please comment or send me an email at [email protected], and if you or your business are in trouble because of the slow-down, we can help you.

Please also visit our sponsor if you are an attorney and want to review your malpractice (or E&O or Errors & Ommissions Insurance) at www.attorneysfirst.com.

In this week's episode of the Crushing Debt Podcast, I discuss bankruptcy code sections 362(b)(22) and 362(l).

Why are these sections important? They describe the landlord's rights when a tenant files bankruptcy. The landlord's next step after the tenant files eviction is going to be determined by: (a) whether the landlord has a judgment for possession, and (b) what the tenant represents to the Court in the bankruptcy schedules.

Plus, we need to know whether the debtor filed Chapter 7, Liquidation, or Chapter 13, Reorganization.

Plus, should the landlord file a Proof of Claim (and what is that)? Should the landlord seek a "Comfort Order" (and what is that)?

I discuss all of that in this week's episode of the show.

Please remember to give our sponsor a look - Attorneys First Insurance at www.AttorneysFirst.com.

If you have questions for me, please email me at [email protected] or www.YesnerLaw.com. And it would be a great help to me if you would share this week's show with a landlord that you know.

Fresh off the heals of Podfest 2020, and Episode 208 (Top 10 things to Generate Referrals from a Conference), one suggestion to grow the show was to create bonus episodes. I'm not going to do these very often, probably when I have a non-legal topic (like today).

To refresh:

1. Goals- had two of them and accomplished both.
2. Tools - my shirts, stickers, books, and business cards.
3. Never Eat Alone - I never did.
4. Party After the Party - made some great connections outside of the conference sessions.
5. Conference App - definitely used and engaged with this tool to increase my visibility at the conference.
6. Tag Team Networking - thank you to my partner, Madison Thayer
7. Visit Vendors - did this, got some cool SWAG
8. Hobbies - created and ran in the Podfest Meetup Run Club 5k
9. Schedule a Meeting from the Meeting - I have a ton of podcast interviews coming up in the future.
10. Break Out of Your Comfort Zone - Podfest Jam Bank was AMAZING!
11. Bonus - I spoke for the third year in a row, with ideas for Podfest 2021.

Bonus Content links:

• Episode 208
• Learn From Others Podcast
• The Collector Car Podcast
• Six Degrees Dunedin
• Podfest Multimedia Expo
• Selling Sarasota Podcast
• The Reporting Live Podcast

Thank all. Please let me know if you want more bonus content. If you enjoy the episode, I would appreciate if you would ask one other person to listen.

Welcome to the last show of year four of content for The Crushing Debt Podcast! Like last year's episode at around this same time, as you listen to this show (if you listen on the day of release) I'll be on my way to Orlando for Podfest Multimedia Expo 2020. This will be my fourth year attending and my third year speaking!

In this episode, I provide my top ten (plus one bonus) tips on how to generate referrals when you attend a trade show or conference, including:

1. Goals - set, strategize and share
2. Bring Your Networking Tools
3. Never Eat Alone
4. Party After the Party
5. Conference App
6. Network with Friends (Tag-Team Networking)
7. Visit Vendors
8. Incorporate Hobbies
9. Schedule a Meeting from a Meeting
10. Break Out of Your Comfort Zone

There is a bonus strategy in there, but you'll have to listen to hear it.

What else do you do to generate referrals from a conference or tradeshow? Please share your ideas. And speaking of sharing, if you found this content useful, please share it with your friends and encourage them to subscribe to the show.

Thank you to our sponsor - Attorneys First Insurance. If you are an attorney or title company, please visit them at www.AttorneysFirst.com.

Please connect with me on social media, or send me an email to [email protected] or www.YesnerLaw.com. At the website and blog you can read the blog I wrote about today's episode content. Next week starts Year 5 of content!

In this week's episode of the Crushing Debt Podcast, I cover three different topics:

1. Beneficial amendments to Florida's Documentary Stamp Tax statutes, eliminating this particular tax for transfers of property between spouses.

2. Partition lawsuits and why it is never a good idea to gift real estate to your significant other, and expect to be repaid when for household expenses when the relationship ends.

3. The difference between in personam jurisdiction (personal) and in rem jurisdiction (property), and how that relates to the bank's ability to get a deficiency judgment in a mortgage foreclosure lawsuit.

Please remember to visit our new sponsor - Attorneys First Insurance at www.AttorneysFirst.com.

I want to do another listener-question show. Please send me any legal questions you want me to answer in an upcoming episode(s). If I don't know the answer, I can find an attorney in my network who will. [email protected] or www.YesnerLaw.com.

Student Loans are not dischargeable in bankruptcy, right? Maybe they are!

This week's Crushing Debt Podcast Episode is about the case Rosenberg v. NY State Higher Education Services Corp. For those of you who want the case cite, it is pending in the Bankruptcy Court in the United States District Court, Southern District of New York. Case No. 18-35379, Adversary Proceeding 18-09023.

The majority of states (including Florida) use a standard for dischargeability of student loans spelled out in the Brunner case, (Brunner v. N.Y. State Higher Educ. Servs. Corp.) which interpreted Section 523(a)(8) of the Bankruptcy Code. To discharge a student loan, the borrower must prove that paying that loan creates an "undue hardship." The Brunner case interpreted "undue hardship" to require that the borrower prove:

1. That the debtor cannot maintain, based on current income and expenses, a "minimal" standard of living for herself and her dependents if forced to repay the loans;
2. That additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and
3. That the debtor has made good faith efforts to repay the loans.

What makes the Rosenberg case so interesting, and good for student loan borrowers, is that the Court refuses to consider the cases that restricted the Brunner decision, making student loans difficult to discharge, and rules that the Debtor's student loans are dischargeable in bankruptcy court!

The debtor, Mr. Rosenberg, borrowed student loans during his undergraduate time at the University of Arizona between 1993 and 1996, and obtained a Bachelor of Arts degree in History. After serving five years in the Navy, he attended Cardozo Law School at Yeshiva University, and borrowed again between 2001 and 2004. After graduating from law school, Mr. Rosenberg consolidated his student loan debt in the principal amount of $116,464.75. By the time he filed bankruptcy, in 2018, Mr. Rosenberg owed over $220,000!

The decision is on appeal and, regardless of how it is decided, the case would not be binding authority other than in the State of New York, but this case certainly has grabbed the attention of Judges and lawyers all over the Country.

Stay tuned to the show to hear future developments in student loan dischargeability.

Please also visit our NEW sponsor, Attorneys First Insurance, if you are an attorney or title company looking for Errors & Omissions Insurance (called E&O Insurance or Malpractice Insurance). You can contact them at www.attorneysfirst.com.

If you have any questions or comments for me, you can reach me at [email protected] or www.YesnerLaw.com. If you enjoy the content, or know someone struggling with student loan debt, please share this episode!

Almost every year, I attend the Judge Alexander Paskay Memorial Bankruptcy Seminar sponsored by the American Bankruptcy Institute (ABI). By attending at least every other year, I earn all of the Continuing Legal Education I need for each 3-year reporting cycle.

At this year's seminar, I was able to grab some quick interviews with four attorneys:

• Traci Stevenson - Chapter 7 Trustee, and Bankruptcy Mortgage Modification Mediator
• Michael Barnett - Bankruptcy Debtor Attorney (www.TampaBankruptcy.com)
• Jessica - a Creditor's (bank's) Attorney
• Carmen Dellutri - Bankruptcy and Consumer Attorney, and a guest on Episode 101 of The Crushing Debt Podcast (www.DellutriLawGroup.com)

If you enjoy the show, it would mean a lot to me if you could share it on social media or subscribe (which is free) so you automatically get each week's new episode as it is released - every Thursday morning at 6 AM (Eastern). You can contact me at [email protected] or www.YesnerLaw.com.

On this week's episode of the Crushing Debt Podcast, I interview structural engineer, Australian, Real Estate Investor, Author and Podcast host Reed Goossens.

You'll hear Reed's story of how he left Australia to move to the United States and ended up building a portfolio of over $200 million in multi-family real estate holdings.

You will hear about Reed's influences, including Rich Dad Poor Dad by Robert Kyosaki, the power of scaling (i.e. syndication), and his advice on how to get started in real estate investing (hint - attend meetings, get a good coach & mentor, have the right mindset - patience).

You can find Reed on his website www.reedgoossens.com and contact him at [email protected]. Also on his website, you can pick up his books, Investing in the US- the Ultimate Guide to US Real Estate, and 10,000 Miles to the American Dream - Our Story of Financial Freedom.

If you have questions for me, please email me at [email protected] or visit www.YesnerLaw.com. If you enjoy the content, it would help me if you would share these episodes on social media, or recommend the podcast to any other podcast listeners you know.

I am an avid reader, and make time nearly every morning to read while the house is quiet and the wife & kids are still sleeping. In 2019, I read 41 books, and when I use the word "read" I mean I physically held the book in my hand and turned the pages. I do applaud all of those who listen to books on audio, but there's nothing like sitting in quiet and reading. Plus, I use my drive time to listen to my favorite podcasts. In fact, as I write these notes at the beginning of the week of this episode's release, I've already finished five books in 2020, with a goal of 45 books this year.

Episode 175 was the Crushing Debt Book report where I reviewed the last five books I read. I thought I would expand on that premise and discuss the books I read this past year. I do not discuss all 41, but do talk about the different books or authors that stood out, key points I learned, and which books really impacted with me throughout the year and still do today.

Please remember that you can visit FFC.CrushingDebtPodcast.com and use a coupon code to register for the Financial Freedom Blueprint Course at a substantial discount (listen to last week's Episode 202 for more details).

Also, long time listeners and fellow podcasters know that I attend Podfest Multimedia Expo each year, including this year, March 6 - 8 in Orlando Florida. As a speaker for the third year in a row, Podfest has given me a special coupon code to give to two listeners who want FREE tickets to Podfest to meet me in person, together with nearly 2,000 other podcasters. The first two to email me ([email protected]) with their favorite book of 2019 will win those coupon codes!

In this week's Episode of The Crushing Debt Podcast, I talk to Clint Haynes, CFP, founder and president of Next-Gen Wealth.

Clint created the Financial Freedom Blueprint Course and, as a special offer to listeners of the Crushing Debt Podcast, has provided a coupon code for you to use the materials in the course to get your finances under control, or give your finances the tweak you need to accomplish your financial goals.

Please visit FFC.CrushingDebtPodcast.com (not www) and enter code YESNERLAW for a discount off of the lump sum price, or ender code YESNERLAWPLAN for a discount off of the monthly price. Note this is an affiliate link, so each purchase also helps benefit the show by giving a little portion of the purchase back to me.

Specifically, Clint and I talk about the following sections of the Financial Freedom Blueprint Course:

• Cash Flow is King
• Spend Less or Make More
• How to Save for Your Child's College
• Managing Your Home Mortgage
• Credit Card Rewards
• Your Credit Report

If you enjoy the content, please subscribe (its free on your podcast player) and share the content on social media. You can also find me at [email protected] or www.YesnerLaw.com.