Law Office of Jeffrey B. Kelly - August 2017

Law Office of Jeffrey B. Kelly

107 E. 5th Ave., Rome, GA 30161

(678) 568-2276

KellyCanHelp.com

August 2017

Into Filing Bankruptcy TAKING THE REFRESHING PLUNGE

Do you remember when you were a kid and you hesitated to get in the water? Were you the kind of kid that slowly got in or did you just take the plunge? Do you remember how good it felt when you finally made the jump? As a kid, I remember thinking to myself, “This water might be too cold for me.” Eventually, the oppressive Georgia summer heat would drive me to the point of taking the plunge into the refreshing water. It’s a sensation not unlike filing for bankruptcy. I’ve heard many potential bankruptcy clients say to me, “I just don’t know if I’m ready to take the plunge. I heard from friends that bankruptcy will ruin your credit forever. I just don’t know if I’m ready.” As a bankruptcy attorney, I don’t ever want to push a potential client into filing a case when they are not quite ready. Has anyone ever pushed you into the water when you were not ready? I’ve experienced that, and I hate it. Don’t ever jump until you are ready. However, don’t make the mistake of waiting too long either. That’s how you roast in the heat! One of the most common mistakes I see people who are considering filing bankruptcy make is draining all of their 401(k) money while they decide to take the plunge or not. When a person files bankruptcy, as a general rule, 100 percent of their 401(k) is exempt from creditors. In my 15 years as a bankruptcy attorney, I’ve seen so many people try to hold off the inevitable by draining all of their retirement accounts. If you are at the point where tapping into your 401(k) is the only way you can keep up the monthly minimum credit card payments, it might be time to file bankruptcy. At the very least, you need to meet with a bankruptcy attorney.

You are behind on your mortgage payments and the mortgage company is threatening foreclosure. You are so stressed out by the collection

calls that it is affecting your health.

• A collection lawsuit has been delivered to your house and you are freaking out because you know you are being set up for a potential garnishment.

• The car company has called and says that they are coming out tomorrow to repossess your car.

When you file bankruptcy, the foreclosure stops, the collection calls stop, and the lawsuits and repossessions stop. I’ve heard so many clients tell me, “I wish I had made the jump sooner.” Don’t let anybody push you in if you are not ready. However, it might be time to at least meet with a bankruptcy attorney and explore all of your options. And when you take that plunge, I promise it’s a refreshing feeling indeed. – Jeff Kelly

Here are other examples of when you may need to make the jump:

Break Free From Your Debt • (678) 568-2276 • 1

Where to Watch the Great American Eclipse VIEW OF A LIFETIME

On August 21, 2017, the greatest show of the summer will take place in the United States: a total solar eclipse! This eclipse will be visible across North America, but the path of totality — the area where the moon completely covers the sun — will only fall in the continental U.S., leading this cosmic event to be called the Great American Eclipse. If you’re already in the United States, a day’s road trip is all you need to grab a front row seat for this rare astronomical occurrence. Columbia, South Carolina Need a place to watch the eclipse in the southern U.S.? Then get yourself to South Carolina, where the state capital of Columbia is almost right in the middle of the path of totality. Plenty of hotels make Columbia a great viewing location for those who don’t want to camp out, and the vibrant city life means you’ll have a lot to do even when the eclipse is over.

Sandhills, North Platte, Nebraska In the heartlands, you’ll be hard-pressed to find a more perfect viewing location than the Sandhills of western Nebraska. With wide-open skies, low rolling hills, and no towering buildings to get in the way, the Sandhills are sure to be a popular viewing spot. The Museum of Idaho, Idaho Falls, Idaho The Museum of Idaho has been designated an Official NASA Observation Site, and the museum is hosting four days of awesome events to celebrate. Enjoy live presentations, technology demonstrations, and special exhibits as you prepare to watch the total eclipse with NASA scientists. Visit the official website of the Great American Eclipse at greatamericaneclipse. com for everything you need to know about this once-in-a-lifetime sight!

“I think the world and a mile of Jeff. As far as Jeff is concerned, I don’t just consider him my lawyer; he is a friend. He and his staff go above and beyond anything you could expect out of a firm. They are excellent. If you want more than just an attorney that shows up to court, Jeff Kelly is the way to go. He is not about the money — he is about helping people — and Jeff Kelly has helped me an awful lot. I have known Jeff for about nine years, from back when he worked for Fuller & McKay. Though he did not have his own firm at the time, he still went above and beyond the call of duty to help me in any way that he could. I would refer him to anyone.” –Robert J. AUGUST TESTIMONIAL

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CAN I STILL GET STUDENT LOANS? BACK-TO-SCHOOL BANKRUPTCY

Student loans may be a huge source of debt, but they’re also necessary for many Americans who are trying to continue their education. I’ve had clients who were young college kids who needed to file for bankruptcy. I’ve also had clients who were nontraditional students, heading back to school for a second career or change of pace. In these cases, that change of pace also happens to include a midlife bankruptcy filing. The good news is, you can get a student loan even after you file for bankruptcy. According to the Unified Student Loan Policy Common Manual of April 2005, Chapter 5, paragraph 5.6, the Bankruptcy Reform Act of 1994 prevents a school or lender from denying a federal loan or grant to an applicant solely because he or she has filed a bankruptcy petition. The truth is that bankruptcy will not prevent you from pursuing your education dreams. I’ve had clients who were able to get student loans while

they were in active Chapter 13 bankruptcy cases, although any loan that is obtained during a Chapter 13 bankruptcy must be approved by the Trustee. For students who are applying for financial aid, I would think that a bankruptcy would show the college that you are truly in need of that financial aid. Like I said, that’s the good news. Now for a stern warning: Remember how your bankruptcy helped you discharge and restructure all your debt? That will never happen with your new student loans. They’re easy to obtain but virtually impossible to discharge in any type of bankruptcy. If you borrow too much, you could be putting yourself into economic slavery. I have some lawyer friends who claim that they will be paying on their student loan debt until the day they die! So, before taking on student loan debt, you should consider whether the potential income you are going to earn will be enough to pay off the student loan over a reasonable time.

Make the most of these last few summer weeks and wrangle the kids for this fun, easy dessert! You can even save the leftovers in the freezer for those busy back-to-school nights. ICE CREAM SANDWICHES RITZ CRACKER

• 1 pint your favorite ice cream Recipe inspired by joythebaker.com.

Ingredients • 4 ounces dark chocolate pieces, melted

24 Ritz (or generic butter round) crackers

Directions 1. Melt chocolate pieces in a double boiler or in the microwave. Stir until smooth and drippy. 2. Arrange crackers, bottom side up, on a cookie sheet. Use fork to drizzle melted chocolate over crackers, then place them in freezer to cool quickly. 3. Remove crackers from freezer and place small ice cream scoop in

the center of 12 crackers. Press remaining crackers, chocolate side down, onto the ice cream scoop.

4. Freeze at least 4 hours before serving.Wrap individual sandwiches in plastic wrap to

store in freezer for up to 7 days — but they’ll never last that long.

Break Free From Your Debt • (678) 568-2276 • 3 ENJOY!

107 E. 5th Ave. Rome, GA 30161 (678) 568-2276 KellyCanHelp.com

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This Issue

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Taking the Refreshing Plunge Into Filing Bankruptcy

View of a Lifetime August Testimonial

Back-to-School Bankruptcy Ritz Cracker Ice Cream Sandwiches

Cure for the Common Cold?

Cure for the Common Cold? Echinacea Might Be the Herb You’re Looking For Echinacea was a very trendy herb in the late 1980s, but it fell out of popularity as the public went on to the next big thing. However, there are many reasons why this fantastic herb should have a place in everyone’s medicine cabinet. The active substances in echinacea can boost immune function, helping relieve pain and reduce inflammation. While an outright cure for the common cold remains elusive, research from the University of Maryland Medical Center shows that echinacea might be the herb you need to get back on your feet faster. Clinical trials show that participants who took a dose of echinacea via a pill or a tincture right when they began to feel sick reduced the length of their cold by one to four days. Fifty-eight percent of participants avoided experiencing a cold altogether. Echinacea tea is also extremely beneficial in treating a cold. Another study followed people with early cold or flu symptoms, such as runny nose, sore throat, or fever. The study found that participants who drank several cups of echinacea tea throughout the day for five days experienced shorter periods of sickness than those who drank tea without echinacea.

Due to the way echinacea interacts with the immune system, individuals on medication that suppresses the immune system should not take any form of echinacea. People with diabetes, tuberculosis, multiple sclerosis, and any autoimmune diseases are also advised against taking echinacea. The effectiveness of echinacea is helping the herb quickly become one of the most popular holistic supplements in North America. Just be sure you speak with a doctor before giving anyone in your family a new supplement.

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