Friday, May 1, 2015

Making a Difference with Property & Debt Classifications


by Christopher S. Mulvaney





     Above is a chart to assist clients in visualizing the different ways property and debt may be held and what the differences result based upon these distinctions.  Property in Washington state may be held by the marital community or by each spouse separately, or a combination of the two.  Single people may hold property as joint tenants with right of survivorship or otherwise jointly own assets, but there is no presumption of community property that applies no matter how property is titled as there is with community property.

In a Trust or Not in a Trust

    Property may be held in a Community Property Revocable Living Trust or a Separate Property Revocable Living Trust.  Doing so makes the property a non-probate asset, meaning that a Personal Representative does not need to be appointed by the Court to transfer the property; the Successor Trustee may do so.  Holding property in a Separate Trust as a married person with a prenuptial or postnuptial agreement clearly identifies the property as separate and sets out the limits of contributions to separate property while married.  The purpose of doing so is to rebut the presumption of community property clearly and in writing to protect against the other spouse's claims as well as the separate creditors of the other spouse.

Burdened by a Lien or Not

    Property itself has potential liability for debts either in addition to or instead of the potential personal liability of the individual(s) owning the property.  This liability is referred to as a security interest, the right to repossess or foreclose for default on payments.  Personal bankruptcy discharges personal liability, but does not affect liens except under limited circumstances in Chapter 13 (See Lien Stripping & Cramdown entries in this Blog).  That is why a creditor may take back a car or boat, but may not sue you for the deficiency if you have obtained a bankruptcy discharge.

Dischargeable versus Non-Dischargeable

    Knowing whether a debt may be discharged in bankruptcy is important in determining negotiating leverage and planning which debts to pay first.  Always pay non-dischargeable debt first.  For example, student loans are not dischargeable in bankruptcy.  So, paying credit card debt while not paying student loans when eligible for a Chapter 7 discharge makes no financial sense.

 


MULVANEY LAW OFFICES, PLLC
14205 SE 36th St Ste 100
Bellevue, WA 98006-1553
www.mulvaneylawoffices.com
Phone: 425-649-1190
Fax: 425-223-3197

chris@mulvaneylawoffices.com

Sunday, January 25, 2015

Directions to Mulvaney Law Offices, PLLC

 



Directions to Mulvaney Law Offices, PLLC
14205 SE 36th St Ste 100 Bellevue, WA 98006-1553

From I-90 Eastbound
Exit #10B to Richards Road.  Go straight passed stoplight to SE36th St. passed the Factoria Marketplace Mall and T-Mobile. The Premier Business Centers Building is about 1 mile on the right.

From I-90 Westbound
Exit #11 to 150th SE.  Turn right/west at second stoplight (SE 38th St. with the Chevron station on the corner) which becomes SE 36th St.  The Premier Business Centers Building is about 1 mile on the left.

From I-405 Southbound
Exit #11 Spokane I-90 East.  Exit #11A 150th SE. Turn right/west at second stoplight (SE 38th St. with the Chevron station on the corner) which becomes SE 36th St.  The Premier Business Centers Building is about 1 mile on the left.

From I-405  Northbound
Exit #10 Coal Creek Parkway.  Turn Right on Coal Creek Parkway.  Turn Left on Factoria Blvd.  Turn Right on SE 36th St. at the Factoria Marketplace Mall (just before I-90). The Premier Business Centers Building is about 1 mile on the right.






Below are some details that may help you to locate my office more easily.

On the map above, 142nd Place is the overpass over I-90 that leads to the park and ride and Bellevue College.  The parking lot entrance is the first driveway east of the overpass.

If you are headed east on SE 36th St. turn right as soon as you go through the light at 142nd Place.  If you miss the first entrance, there is another entrance before you reach the Windermere Building. 

If you are headed west on SE 36th St., then turn left into the first driveway after you pass the Windermere  Building.  If you miss the first driveway entrance, there is a second entrance before you reach the light at 142nd Place. 

Suite 100 is the entire first floor of the Premier Business Centers Building.  My office number is 144 within Suite 100.  It is a window office facing west.  The receptionist leaves at 5 p.m. and the outside door is often locked at that time as well, so please call me at 425-649-1190 to greet you after hours.  Thank you.  I look forward to meeting you.



 14205 SE 36th St Ste 100
Bellevue, WA 98006-1553
www.mulvaneylawoffices.com
Phone: 425-649-1190
Fax: 425-223-3197

chris@mulvaneylawoffices.com
 

 

Sunday, January 18, 2015

Income Based Student Loan Repayment




Below is a link to information about income based repayment programs for student loans that can set your required payment at zero and keep you out of default.  Payments for many people are more affordable under theses programs.

IBRinfo


Income-Based Repayment and Pay As You Earn are two ways to help keep monthly payments affordable based on your income and family size. Visit the Department of Education’s Repayment Estimator to find out what your payments might be.


Income-Based Repayment (IBR) is a way to make your federal student loan payments more manageable.  And if you're a teacher or work in government or at a nonprofit (501(c)(3)) organization, you might qualify for a new type of public service loan forgiveness (PSLF) after 10 years of eligible payments and employment.

 As of December 21, 2012, recent college graduates with federal student loans can apply to lower their monthly payments using the Pay As You Earn plan. This new repayment plan has a lower monthly payment cap than the more widely available Income-Based Repayment (IBR) plan. Pay As You Earn also provides forgiveness after 20 years of payments, rather than 25 years in IBR. President Obama recently proposed expanding Pay As You Earn to federal student loan borrowers who took out loans before October 2007 or those who stopped borrowing by October 2011. For more information about the expansion, read the White House fact sheet.

 Below is a web site with information about your student loans.
 https://studentloans.gov/myDirectLoan/index.action


14205 SE 36th St Ste 100
Bellevue, WA 98006-1553
www.mulvaneylawoffices.com
Phone: 425-649-1190
Fax: 425-223-3197

chris@mulvaneylawoffices.com
 

 




Saturday, January 17, 2015

5 Reasons to Hire MLO



                              



1) I care about the outcome of your case.
If I don't believe I can give you a high probability of achieving your desired
outcome, I would prefer you hire someone else. When I meet with you, I will assist
you in analyzing your situation as though it were a chess game that has already
been half played.

 

 
            We will discuss options so that you can make the best next move for yourself given the position of the pieces. 
                If I am not suited to guiding you in that move, I wish you the best in finding someone
 who is best suited for you.


2) I care about your experience of the process.
I am committed to representation proceeding smoothly, so that you are
pleasantly surprised and delighted. At the end, I want you so say, "That wasn't
 nearly as bad as I thought it was going to be."

3) I care about value.
I want each and every client to feel that what they received from the
 representation was worth what was paid and more. I am not the
cheapest lawyer or the most expensive. I aim for the place where the benefit
to you is greatest. I first consider what you need and focus on that. Then I work
with you regarding payment. I would rather do work that makes a positive
difference in your life and be paid less, than be paid more and do something that
doesn't matter to you.

4) I care about protecting your rights.
 I strive for excellence and continue to learn everything I can, so that I can
stand resolute between you and whatever you are facing.








I am 6'5" tall and weigh over 300 pounds. You can think of me as the intellectual
equivalent of the guy in school who says to the bully, "If you want to pick on 
someone, you are going to have to get through me first."

5) I care about you.
Addressing your legal issues takes place within a larger context of
transformation from who you were to who you become after you have made the
best choices for yourself under your particular circumstances. I am privileged
to be part of the options and possibilities which open up to you having worked
through your legal issues, whether they involve obtaining a fresh start in
bankruptcy, divorce, planning the distribution of your estate, or administering
the estate of a loved one who has passed.




 14205 SE 36th St Ste 100
Bellevue, WA 98006-1553
www.mulvaneylawoffices.com
Phone: 425-649-1190
Fax: 425-223-3197

chris@mulvaneylawoffices.com
 

 


Rates






Clients often want to know how much I charge for a particular service.  This is a much more complicated question than clients realize, and it cannot be answered well in the absence of any information about the client.  Having said that, below are templates of legal services agreements that I hope will assist clients in answering this frequently asked question.

SELF-PAY-_Bankruptcy_Legal_Services_Agreement.doc
Client must shift as much of the cost of paying for bankruptcy on to creditors as possible by using funds saved by ceasing payments to creditors. Most bankruptcy Clients have already wasted many times the cost of their bankruptcy before they even consult a lawyer.  It is this waste that must stop in order for the Client to spend money on themselves on something that will make an enormous difference in Client's life rather than throwing away money in a futile attempt to pay creditors.  Clients should cease voluntary retirement contributions to pay for bankruptcy if necessary, and then add the contribution amount to any retirement loan repayment if applicable. 

I am not the cheapest lawyer and I am not the most expensive.  Where I am aiming is for the sweet spot of value, which is the most "bang for the buck" where quality and price are optimized.
My goal is that whatever you pay for my services, you end up feeling that it was well worth spending the money and you would have paid more.


14205 SE 36th St Ste 100
Bellevue, WA 98006-1553
www.mulvaneylawoffices.com
Phone: 425-649-1190
Fax: 425-223-3197

chris@mulvaneylawoffices.com
 

 

Who I Am Professionally



MULVANEY LAW OFFICES, PLLC  is a Washington State Professional Limited Liability Company (1202394), and is a "debt relief agency" under federal law because we help people file cases under the U.S. Bankruptcy Code.  Christopher S. Mulvaney (Washington State Bar Number 33595 )
is the sole Member.

Christopher Sean Mulvaney, graduated Cum Laude in 2002 earning his J.D. from Gonzaga Law School in Spokane,Washington.  Mr. Mulvaney was admitted to practice law in Washington in 2003.

LICENSURE


Mr. Mulvaney's Curriculum Vitae is available below.
Mulvaney_Curriculum_Vitae_10-27-2009.doc
27.5 KB
  

Schools Mr. Mulvaney attended are as follows:

Gonzaga Law School JD Cum Laude 2002



14205 SE 36th St Ste 100
Bellevue, WA 98006-1553
www.mulvaneylawoffices.com
Phone: 425-649-1190
Fax: 425-223-3197

chris@mulvaneylawoffices.com
 

 

Pro Bono Publico


THE JESUIT MISSION IN EDUCATION

MULVANEY LAW OFFICES, PLLC strives to live up to the Jesuit mission in education instilled at Gonzaga Law School. Below is a quote from the leader of the Jesuits describing the mission:

The service of faith through the promotion of justice is the mission that must be integrated as a priority into each Jesuit work.Our purpose in education, then, is to form men and women "for others." The Society of Jesus has always sought to imbue students with values that transcend the goals of money, fame and success. We want graduates who will be leaders concerned about society and the world in which they live. We want graduates who desire to eliminate hunger and conflict in the world and who are sensitive to the need for more equitable distribution of the world's goods. We want graduates who seek to end sexual and social discrimination and who are eager to share their faith with others. In short, we want our graduates to be leaders-in-service. That has been the goal of Jesuit education since the sixteenth century. It remains so today.

   Peter Hans Kolvenbach, S.J. Superior General of the Society of Jesus

 Mr. Mulvaney volunteers at the Eastside Legal Assistance Program.
"It's not justice if it's not equal."
 
                                               
Mr. Mulvaney volunteers at the bankruptcy neighborhood legal clinic
 sponsored by the King County Bar Association. Call 206-267-7070
Tuesday - Thursday from 9:00 am - 12:00 pm for an appointment.      
The location and time of the clinic is below.
South Seattle - Mondays, 7:00-9:00 PM
3815 S Othello St, Suite 105
Seattle, WA 98118

There are a lot of free legal resources available.  Below are a few.
Washington Pro Bono General Overview: There are two main pro bono programs that address the needs of Washington residents: Coordinated Legal Education, Advice, and referral system (CLEAR) and the Crisis Clinic.
Coordinated Legal Education, Advice, and referral system (CLEAR): Provides legal referrals to low-income residents residing outside of King County in civil matters. Call When seeking assistance, please call CLEAR Intake before calling other legal services programs.
Crisis Clinic: Provides referrals to low income King County residents in civil matters. Service available Monday through Friday from 8 a.m. – 6 p.m. Service is not available on weekends, and messages may not be left.
Washington Pro Bono Contacts:
Washington State Bar
Pro Bono and Legal Aid Committee
Chair Dan Young (12020)
1000 Second Avenue
Suite 3310
Seattle, WA 98104-1019
danryoung@netzero.net
CLEAR Intake:
(toll free) 1-888-201-1014
Crisis Clinic:
For the deaf and hearing impaired: 711
Toll free 1-800-621-4636 (king County only)
General Information on a Variety of Consumer Law Issues
http://www.nclc.org/for-consumers/brochures-by-topic.html


WASHINGTON STATE LAW RESOURCES
Click the image below for a great source of Washington law information.
 


BAR ASSOCIATION RESOURCES

Washington State Bar Association Legal Help
 http://www.wsba.org/resources-and-services/find-legal-help

 King County Bar Neighborhood Legal Clinics
 http://www.kcba.org/pbs/nlc.aspx
King County Bar Lawyer Referral Service
 http://www.kcba.org/lrs/
King County Bar Pro Bono Services
 http://www.kcba.org/pbs/legalhelp.aspx

 14205 SE 36th St Ste 100
Bellevue, WA 98006-1553
www.mulvaneylawoffices.com
Phone: 425-649-1190
Fax: 425-223-3197

chris@mulvaneylawoffices.com