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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: 2020
Apr 2, 2020

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:

  • Advantages and disadvantages to form your LLC in your home state or Wyoming;
  • Wyoming Asset Protection Trust v. Land Trust;
  • Lending and Insurance aspects of the Wyoming Asset Protection Trust;
  • Series LLC; and more.

Please contact Mark at MPierce@cloudpeaklaw.com or www.WyomingLLCAttorney.com

Please also contact our sponsor, Attorneys First Insurance, if you are an attorney or title company interested in malpractice insurance.

If you have investment questions for me, you can reach me at Shawn@YesnerLaw.com or www.YesnerLaw.com 

Mar 26, 2020

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:

  • What CBS is and how it started.
  • Who CBS helps, and when.
  • What a 521 letter is and why its relevant.
  • When does CBS help and when is it appropriate to contact them.
  • How much their services cost the consumer (spoiler - $0).
  • What CBS pays to people that refer clients to them (spoiler - again $0).
  • What happens after CBS takes possession of a vehicle.
  • What is a zombie car.
  • Changes and trends since CBS has been assisting borrowers in collection and repossession of their vehicles.

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.  

Mar 19, 2020

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

Mar 12, 2020

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 Shawn@YesnerLaw.com 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.

Mar 10, 2020

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: 

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.

Mar 5, 2020

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 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!

Feb 27, 2020

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

Feb 20, 2020

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 Shawn@YesnerLaw.com or www.YesnerLaw.com. If you enjoy the content, or know someone struggling with student loan debt, please share this episode! 

Feb 13, 2020

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 Shawn@YesnerLaw.com or www.YesnerLaw.com.

Feb 6, 2020

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.

Jan 30, 2020

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!

Jan 23, 2020

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 Shawn@YesnerLaw.com or www.YesnerLaw.com

Jan 16, 2020

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

Jan 9, 2020

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!

Jan 2, 2020

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!

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