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Crushing Debt Podcast

The Crushing Debt Podcast is hosted by Shawn M. Yesner, Esq., owner of Yesner Law, P.L., that helps our clients eliminate the financial bullies in their lives by providing options. We help clients with real estate litigation, partition, quiet title, chapter 7 liquidation, chapter 13 reorganization, short sales, loan modifications, and creditor harassment.
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Now displaying: March, 2017
Mar 30, 2017

In Episode 55 of the Podcast, we interview Marielis Rivera, a personal injury attorney with the firm of Pipas Law Group.

Like me, Marielis started on the "other side" representing insurance companies being sued by injured parties. Now, however, Marielis represents only injured parties.

Many times, injured parties are unable to work because of their injuries and, when income drops, there is a ton of stress in addition to their injuries. Marielis does a great job of informing her clients of their options and helps her clients to manage their debts until the lawsuit is over.

You can contact Marielis on her cell phone at 813-509-6606, or on Facebook.

You can contact us at Shawn@Yesnerlaw.com or www.yesnerlaw.com. We would appreciate if you would leave a positive review of the Crushing Debt Podcast if you enjoy the content, and ask a friend to subscribe and listen to our weekly episodes!

Mar 23, 2017

In this episode of the podcast, we talk about a former client and an aggressive strategy we used to eliminate a potential mortgage deficiency.

The client was divorced and her ex-husband kept the property. The problem for our client was that she was still on the Promissory Note and Mortgage. The divorce did not (and can not) eliminate her liability to the lender under the promissory note and mortgage.

Years later, the husband passed away and the bank, in this case a credit union, pursued the ex-wife for foreclosure. Credit Unions never (in our experience) waive deficiency, so our client was still financially responsible to pay any deficiency to the Credit Union.

The client did not qualify for Chapter 7, so we filed a Chapter 13 reorganization (or payment plan) bankruptcy, with the hope that the Credit Union failed to file a claim in the bankruptcy case (meaning the Credit Union would not get paid).

It is an aggressive strategy because if the Credit Union had filed a claim in the bankruptcy case, they would have been entitled to payment and the payments to the bankruptcy court would have been unaffordable.

We hope you enjoy this week's episode. If you have questions about how we were able to help her and why it is an aggressive strategy, please listen to the episode, or send us an email - shawn@YesnerLaw.com or www.YesnerLaw.com.

Mar 16, 2017

Welcome to Year 2 of the podcast.  As you have seen from previous episodes, we have re-branded the podcast and it is now The Crushing Debt Podcast, where our goal is to help you eliminate the financial bullies in your life.

This week's episode is a review of the different laws that expired at the end of 2016, and some new case law that impacts foreclosure defense in 2017 and going forward, unless or until the Supreme Court makes a conflicting decision.

What did we lose?  HAMP which helped with modifications, HARP which helped with refinances, HAFA which helped with short sales, and the Mortgage Debt Relief Act, which made mortgage and foreclosure deficiencies non-taxable.

In addition, we discuss the Bartram case, which has a huge impact on foreclosure law here in Florida.

We hope you enjoy the content, and we ask that you share this post and episode if you think the content has value!

You can reach me at Shawn@YesnerLaw.com or www.YesnerLaw.com

Mar 9, 2017

Welcome to the last episode of the first year of the podcast!

In this week's episode, we have a repeat guest, Jason Avery of Avery Construction and Constructing Debt. However, in this episode of the podcast, we talk to Jason about Room Full of Referrals provided by Jason through the company, Asentiv.

In Room Full of Referrals, we learn that people are faster paced or slower paced, people oriented or task oriented. The seminar is highly useful in determining your own style, learning the behavioral style of other people, and how to use that information to better connect, and generate better referrals.

Jason was my jury consultant a while back and used his behavioral style analysis to help me pick the right jury and win my case!  I also utilize tactic learned in Room Full of Referrals to better connect with potential clients and customers. In Room Full of Referrals we learn the Platinum Rule.  Everyone knows the Golden Rule - treat others the way you want to be treated.  The Platinum Rule is to treat others how they want to be treated.

To reach me, please email Shawn@YesnerLaw.com or www.YesnerLaw.com. As this is Episode 52, we want to continue to provide value to you, our listeners. Please let us know what you like about the podcast, what we can improve about the podcast, and what you want us to keep the same about the podcast.

 

Mar 2, 2017

In this week's episode, we interview attorney Kelly Petry.  Kelly and I discuss issues with Student Loans.

Kelly and I discuss whether student loans are dischargeable in bankruptcy court, how student loans are treated in bankruptcy court, and some things that we can do in bankruptcy court to address the debtor's student loans.

In certain circumstances, student loans are dischargeable.  In Tampa, we utilize the Brunner Test to determine whether a student loan can be eliminated by the bankruptcy court.  However, there is a very high standard to discharge a student loan in bankruptcy court.

The Brunner factors are: (1) debtor cannot maintain a minimal standard of living if forced to repay the loans, (2) there are additional circumstances that show the debtor's financial condition is going to persist for the foreseeable future, and (3) that the debtor has tried to repay the student loan.

While the standard is high, there have been some inroads and Congress is currently trying to determine if they can provide additional assistance to people trying to repay their student loans.

To contact Kelly, please call her at 813-873-0713.

If you have questions, please email me at Shawn@Yesnerlaw.com, or www.yesnerlaw.com. Please also share this podcast episode if you found it valuable!

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