Belsky, Weinberg, & Horowitz, LLC, is proud to announce the designation of Antonio Aquia as "Super Lawyer's Rising Star". Identification as a Super Lawyer involves a rigorous four-step process: (1) Creation of the Candidate Pool Through a Statewide Survey of Lawyers; Evaluation of Candidates by the Law & Politics Research Department; Peer Evaluation by Practice Area; and a Final Selection Process according to firm demographics in the state. Only five percent of all lawyers in the state receive the Super Lawyer designation. This year Antonio Aquia was the only Consumer Bankruptcy Attorney in the State of Maryland receiving this desgnation.  After nearly ten years of hard work, dedication, and loyalty to his firm and his clients, Mr. Aquia has a developed a reputation for bringing professionalism, skillfulness, and reasoned approaches to all of his cases. He also speaks and lectures frequently to other lawyers in continuing legal education courses striving to raise the standard of performance of the Maryland Bankruptcy Bar. As a founding co-member of the Maryland State Bar Association Consumer Bankruptcy Section, Mr. Aquia has always prided himself in giving back to Bar and to the community that has given him the opportunity to do so much. Congratulations on a job well done and an award so deserved, keep up the good work!

As the New Year is upon us, it is time to take stock at the year past and see what changes we can make to ensure a brighter future. Review your last paystubs, w-2's or 1099's, and determine your income for the year and divide it by 12 months to calculate your monthly gross. Next, force yourself to look at the stack of bills you have and determine how much your monthly expenses are. Then ask the following question: Can you continue to go on for another year living pay check to pay check, robbing Peter to pay Paul, while at the same time not saving for your children's education or ever taking a vacation? Banks and credit card companies charge outrageous interest rates on money that will be paid back several times over. The big lenders want you to borrow more, want you to default, want you to be over your credit limit, and want you to pay late, because when these things happen the big bad banks make more money off of you! The real irony here is that these same banks are the ones getting bailed out by your tax dollars. Many consumers, struggling with mounting credit card debt, higher mortgage payments, and higher prices are feeling the squeeze on their wallets. This debt burden, coupled with the loss of jobs, cuts in hours, and cuts in pay have many Americans feeling the pinch.

If you are in this category, then it is time that you consider your options. Perhaps credit counseling, debt consolidation or filing bankruptcy may be the solution to your debt woes. Do something now while you still have an opportunity to save what assets and wages you still have.

If you are contemplating any of these solutions, it is always better to do it sooner rather than later, before it is too late.  Contact the attorneys at Belsky, Weinberg, & Horowitz, LLC, for a free consultation.

The Supreme Court hears oral argument today in two important consumer bankruptcy cases with potentially wide ranging impact on debtors and their counsel. At 10:00 a.m. the Court hears argument in the case of Milavetz, Gallop, & Milavetz v. United States (08-1119; 08-1225), which involves whether attorneys are "debt relief agencies" under the Bankruptcy Code and are thus restricted in what they may advise a debtor or potential debtor in bankruptcy, including the incurrence of debt in anticipation of a bankruptcy filing, such as buying a vehicle or obtaining other items of necessity by use of credit. The Bankruptcy Code places other restrictions on debt relief agents, including a required disclosure in any advertisement effectively announcing that the attorney is a debt relief agent who assists in the preparation and filing of bankruptcies. Lawyers are challenging the restrictions on First Amendment free speech grounds and maintain that the restriction precludes attorneys from offering otherwise sound legal advice to prospective clients.

At 11 a.m., the Court is to hear argument in United Student Aid Funds, Inc. v. Espinosa (No. 08-1134),another bankruptcy case dealing with the dischargeability of certain student loan obligations in a Chapter 13 case. The cases involves the issue of whether a debtor may obtain a discharge of certain student loan obligations by simply stating his or her intention to do so her Chapter 13 plan and obtaining a discharge after her plan was completed, but who did not offer evidence of "undue hardship" which is required by the Bankruptcy Code. The debtor obtained four student loans to attend technical school. In his Chapter 13 case, he listed the principal owed to the United Student Aid Funds (USAF) as being due and payable through the plan, but did not include any of the accrued interest. After not receiving the interest payments and after more than three years had passed since the Chapter 13 case was discharged, USAF commenced collection action against the debtor, who argues that the USAF is barred by the Chapter 13 discharge and the delay in objecting to the content of the plan before the Objection to Confirmation deadline.

Both cases are summarized more thoroughly at SCOTUSBLOG.COM.

Belsky, Weinberg & Horowitz is presently required to state that it is a debt relief agency assisting individuals in the filing of bankruptcies to discharge and/or reorganize their debts. We represent only debtors and offer free consultations by phone or in person. Please visit our website for additional information on the various bankruptcy issues and options available to you or contact one of our attorneys.