This week’s episode of The Crushing Debt Podcast is for our real estate investor listeners. I interview bankruptcy lawyer, asset protection lawyer, and CPA Mark Pierce about asset protection.
Mark is a Wyoming attorney who uses Wyoming LLC laws, and asset protection trusts to help his clients avoid liability. Specifically, we talk about:
Please also contact our sponsor, Attorneys First Insurance, if you are an attorney or title company interested in malpractice insurance.
In this week's episode of the Crushing Debt Podcast, I interview bankruptcy lawyer, consumer advocate, and founder of Collateral Bankruptcy Services, Ian Leavengood.
Collateral Bankruptcy Services (CBS) helps borrowers return their secured vehicles to the creditor. In today's episode, we talk about:
If you want to return your car, truck, RV, boat, motorcycle, jetski, 4-wheeler, etc., you can reach Ian at Ian@CollateralBankruptcyServices.com or their office manager Ashley at Ashley@CollateralBankruptcyServices.com.
Please also visit our sponsor Attorneys' First Insurance at www.AttorneysFirst.com.
If you want to revisit our episode on Zombie Debt, click here.
In these uncertain economic times, if you know someone who wants to return their vehicle to the creditor, but their creditor is being unresponsive, please share this episode with them! Contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
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:
What is the impact of the economy on you? Please comment or send me an email at Shawn@YesnerLaw.com, 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.
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).
Bonus Content links:
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:
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 Shawn@YesnerLaw.com 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. Shawn@YesnerLaw.com 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:
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 Shawn@YesnerLaw.com 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:
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 Shawn@YesnerLaw.com 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 Reed@wildhorncap.com. 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 Shawn@YesnerLaw.com 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 (Shawn@YesnerLaw.com) 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:
While we try to be thorough with our client consultations, there is a lot of information to take in regarding the process of filing for bankruptcy. In early 2019, during our strategic planning for 2019, I heard about a "turbulence report" (and I wish I could remember from where). The concept is to provide clients with as many different instances where the bankruptcy case could experience some common issues that might cause some bumps in the road, but could be resolved; in other words, where might we experience turbulence within the case. I wrote a blog post about it back in January 2019, with the intent of directing clients to that blog post after filing their case. During our 2020 strategic planning, we decided that it would be of benefit to also record the different post-filing issues in this podcast. While I follow the general outline of that blog post, I do not read it word for word, so there is slightly different content - or similar content approached in a different way - between that blog post and this podcast.
Specifically, what are some common questions post-filing that apply to all bankruptcy cases? What are some post-filing issues specific to Chapter 7, Liquidation? What are some post-filing issues specific to Chapter 13, Reorganization.
Again, all of these issues are post-filing issues and, unfortunately, I don't think this is an exhaustive list of all post-filing issues. For other issues that you've experienced, or if you have questions about pre- or post-filing, please email me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
Welcome to show 200 of The Crushing Debt Podcast!
To kick off 2020, I talk about the Top 20 ideas to reduce or eliminate your Debt.
I talk about everything from Bankruptcy to Negotiations, and everything in between (if I listed them all here, you wouldn’t need to listen to the show).
I really appreciate all of you who have listened to a single episode or subscribed to the show, or supported it in another way. As we approach the end of Year 4, I would be very thankful if you subscribed to the show (its free on whatever app you use to listen to podcasts), or leave me an honest review to let me know how I’m doing, or suggest future topics for the show!
A confession - I miscounted and thought that today’s episode would be Episode 200 of The Crushing Debt Podcast, so when you listen to that episode next week (please subscribe to the show - its free), it will sound like it was supposed to be released today.
Therefore, for Episode 199, I thought I’d talk a bit about networking. Where do I network, why, and what are some different ideas I have to generate referrals for my network? Admittedly, the idea for today’s show came when I heard two different people that I respect, at two different events, both bash the networking group that I’ve been a member of since 2004 - BNI. I know there are some who bash the organization, and maybe it has earned some of the negative publicity. However, for me, BNI has been a huge benefit, generating roughly 40% of the law firm’s revenue year over year, consistently for the past six or seven years.
Aside from that organization, and as we start 2020, what are your thoughts on Networking? What group(s) do you belong to and how do you decide which groups to join and how to participate? I would appreciate your feedback at Shawn@YesnerLaw.com or www.YesnerLaw.com.
Again, please remember to subscribe if you don’t already. It is free and you can subscribe wherever you listen to the show!
This week’s guest on The Crushing Debt Podcast wants you to attain financial independence or less outside of the Wall Street Casino. He is the host of the Income Hacker podcast, Ryan Wright.
You can go to his website - www.DoHardMoney.com/Crushing-Debt-Podcast for a free copy of his book “How to Get More Money Than You Can Handle” and check out his Real Estate Guide to Finding Deals.
Ryan and I also discuss:
Plus, you’ll hear Ryan say something that has never before been said on the podcast!
You can connect with Ryan on:
Please also remember to visit our sponsor at www.EasyStartUpFunds.com for another source of funding for your real estate deals (and almost any other venture).
Please support the show by subscribing wherever you listen to podcasts (its free), and contact me with questions at Shawn@YesnerLaw.com or www.YesnerLaw.com.
On this week’s episode of The Crushing Debt Podcast, Jack Bosch, The Land Guy.
Jack came to the United States in 1997 with two suitcases. We talk about Jack’s system for land flipping, which has made him financially independent. Jack focuses on land valued between $10,000 and $100,000, and we talk about the three (3) types of properties he invests in and who he sells to, plus his Financial Philosophy.
Jack’s mission is the get 1,000 families to the $1 million level in net wealth.
You can also hear Jack on his Forever Cash Life Real Estate Podcast: http://www.forevercash.com/category/podcast/
You can also join his facebook group: Land Profit Generator Real Estate Investing Group.
You can also visit Jack’s website: www.LandProfitFun.com
Remember to visit our sponsor at EasyStartUpFunds.com
Remember to subscribe (its free) wherever you listen to podcasts, or contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
Michael Watkins was a guest on the Crushing Debt Podcast almost 100 episodes ago, in Episode 97, talking about tax savings through cost segregation.
In today’s episode, Michael and I discuss wealth transfer, including, his company Tampa Bay Advisory, LLC, his start in the financial services industry, advice for people nearing retirement, and Michael’s new project, Retirement Tampa Bay.
My take-away from this interview - Don’t follow the herd. Think for yourself when making financial decisions but do your homework and trust your instincts.
You can reach Michael at firstname.lastname@example.org or www. TampaBayAdvisory.com. Also check out his new project at www.RetirementTampaBay.com (or anywhere you listed to your favorite podcast).
Please show some love to our sponsor - EasyStartUpFunds.com.
Lastly, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com. What questions can I answer for you?
In this week’s episode of the Crushing Debt Podcast, we interview our friends from Tax Resolution Task Force - Andrea Pope Bauman, CPA, and Jake Blanchard, Esq.
I’ve known Andrea as a Chapter 7 Bankruptcy Trustee, a position she held for nearly 20 years prior to recently stepping down from that role. However, prior to being a Trustee, Andrea was an IRS Revenue Officer. She’s taken that experience and used it to start Tax Resolution Task Force.
Jake has been an attorney for more than 11 years, working at both big and small law firms, with a focus on bankruptcy and, specifically, using bankruptcy to eliminate IRS debt.
Andrea, Jake and I discuss the services offered by Tax Resolution Task Force, including:
If you want to reach out to Andrea or Jake, contact them at www.TaxRTF.com, or email them at Andrea@TaxRTF.com or Jake@TaxRTF.com.
Please also remember to visit our sponsor - EasyStartUpFunds.com.
If you have questions for me, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
We’re nearing our 200th episode. Please subscribe to the show on whatever podcast player you use to listen shows. Subscribing is free and does not put you on any list to be spammed with emails, but you will get the newest episodes of the Crushing Debt Podcast each week when the episode is released.
Happy Thanksgiving from The Crushing Debt Podcast and Yesner Law. While it has become an annual tradition to use the show to list what we are most proud of accomplishing in the previous year, I also talk about two topics, inspired by listeners, on today’s show:
1. Why did I form an LLC if it doesn’t protect me?
2. As the seller of real estate in Florida, what do I have to disclose (the Johnson v. Davis case)?
However, I do also want you to pay attention to what we accomplished this past year - no we do not need a pat on the back, but if you want our system for goal achievement then let us know. Or listen if you just need a boost to think back on all that you accomplished this past year. Let us know what you’re most thankful for in 2019.
Please also visit our sponsor - EasyStartUpFunds.Com. Again, this is not an affiliate link. This is a lending website. All I get from you visiting the sponsor is continued goodwill and the possibility of future referrals from our sponsor. I get no money from you clicking links with them.
If you have questions for me - Shawn@YesnerLaw.com or www.YesnerLaw.com.
On this week’s episode of The Crushing Debt Podcast, we interview our long-time friend and referral partner, Barb Kyes, managing partner of ActionCOACH Tampa Bay.
Long-time listeners may remember that we had Barb’s daughter, Juliet Kyes on the show way back in Episode 63 and we’re thrilled to have Barb on this week’s show.
Contact Barb at Barb@ActionCOACHTampaBay.com or www.ActionCOACHTampaBay.com and mention that you heard this episode, or mention my name, to receive a complimentary coaching session by one of the best business coaches anywhere!
ActionCoach Tampa Bay started in 2007 as an international franchise and is now ranked in the top 20 ActionCoach firms internationally. In fact, all of their coaches are currently ranked internationally, many of them at or near the top of the franchise.
Barb and I talk about their book, OMG! WTF! (What’s the Focus) which is available on Amazon, or locally if you find Barb, Juliet or Ford Kyes. Some of the chapters we discuss:
We also talk about the 5 Ways tool, one of my favorite tools that I use regularly in my law firm.
If you have questions for me, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com. If you found value in this episode, I would love if you subscribe to the show (its free to do so) and share the episode on Social Media.
Please also visit our sponsor (not an affiliate link, a referral partner of ours) - www.EasyStartUpFunds.com.
In this week’s episode of The Crushing Debt Podcast, I interview Robert Farrington, The College Investor.
Robert started his website and blog - www.TheCollegeInvestor.com - in 2009 after hearing some pretty scary financial advice that he was not okay with. His website is filled with personal financial topics for millennials (and others), with a focus on escaping student loan debt.
Robert also has eliminated, for himself, more than $43,000 of student loan debt. Beware of servicer mistakes that can keep you in debt, and use The College Investor to learn how to spot those mistakes. We also discuss practical tips to get out of student loan debt like: creating a side-hustle for extra income and collecting the right information to know and understand your options.
You can reach Robert at his website - www.TheCollegeInvestor.com, or Robert@TheCollegeInvestor.com. Robert is also host of The College Investor Audio Show.
Please also remember to visit our sponsor - EasyStartUpFunds.com.
If you have questions for me, you can reach me at Shawn@YesnerLaw or www.YesnerLaw.com, and please continue to support the show by sharing it with friends, and subscribing on your podcast listening app (whichever one you use).
On this week’s episode of The Crushing Debt Podcast, we interview Mark Willis of Lake Growth Financial Services. Mark is a Certified Financial Planner, and Host of The Not Your Average Financial Podcast.
On today’s show, we talk about:
To contact Mark, email MarkWillis@LakeGrowth.com, or visit www.GrowMoreWealth.com. You can also find Mark on Facebook at LakeGrowth, on Twitter @LakeGrowth, or on LinkedIn at Mark Lake Growth.
To contact me, visit www.YesnerLaw.com or email Shawn@YesnerLaw.com. If you enjoy the content please share on social media, and subscribe on whatever podcast player you use - that will continue to help me grow the podcast.
Please also remember to visit our sponsor if you need to borrow $25,000 to $100,000 and have a 680 credit score - EasyStartUpFunds.com. Please note this is NOT an affiliate link and I get nothing (other than the potential for additional sponsor funds) by you working with our sponsor. In addition, if you have feedback on our sponsor, positive or negative, please let me know.
This episode of the Crushing Debt Podcast is all about Bare Bones, or Skeleton Bankruptcy Petitions (I guess that's two spooky topics).
A normal bankruptcy petition is in the range of 50 pages, although the first 6 - 7 pages are all that's needed to file and start the case. That's what we mean by "bare bones," only the first 6 - 7 pages, followed up at a later date by the remaining supporting documents and schedules.
As a practice, Yesner Law tries to stay away from bare bones petitions because: (1) they take more time because we're filing documents multiple times instead of filing everything at the outset, (2) they're more expensive, because an additional fee is owed to the bankruptcy court to follow up and "add" creditors to the case, and (3) they are typically a sign that the client is unprepared.
A full bankruptcy petition typically consists of: (1) the Petition, (2) Schedules A - J & a Declaration as to those schedules, (3) Statement of Financial Affairs, (4) Statement of Social Security Number, (5) List of Creditors, (6) Means Test, (7) Statement of Intentions (for a Chapter 7 liquidation) or Plan (for a Chapter 13 reorganization).
Bare bones bankruptcy petitions can be more complicated when filed pro se (meaning by the debtor, unrepresented by an attorney).
Please also visit our sponsor, www.EastStartUpFunds.com. If you need between $25,000 and $100,000 and have a 680 credit score, you can complete an application to borrow for any reason.
On this week’s episode of the Crushing Debt Podcast, we highlight our sponsor, Tampa Business Funds, LLC and Steve Hechtman, through their website EasyStartUpFunds.com and TampaBusinessFunds.com.
You may recall Steve, and his eclectic ukulele from Episode 164 - Alternative Business Lending.
Do you need startup funds for a new business, CBD grow facility, equipment leasing, construction equipment financing, debt restructuring, cash advance, accounts receivable financing, commercial bridge loans, business acquisition, real estate, fix & flips, or for any reason at all? Contact our sponsor to complete an online application to get $25,000 to $100,000. The only other thing you need is a 680 credit score.
In addition to the websites above, you can contact Steve at Steve@TampaBusinessFunds.com, or you can contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.