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As an elderly loved one reaches the last few months or so of their life, family members can experience profound sadness as they wait for their departure. To make matters even worse, an elderly loved one may be suffering from undue influence, in which another party has come into their life to take advantage of the situation for personal benefit. It is important for family members to be informed about the signs of undue influence, so if it happens they can intervene immediately.

Devastatingly, many families do not know undue influence occurred until after their loved one has passed away. Family members may then find out that they were recently disinherited or other drastic changes were made to the elder’s estate plan. At that point, they may wonder what they can do to set the record straight about their relative’s wishes. The very first step is meeting with an estate litigation attorney for information about filing for estate litigation due to undue influence. 
If you observe any of these signs in your loved one prior to passing away, it is crucial that you act quickly and recruit an attorney for prompt legal intervention:

• The elder has suddenly stopped calling family members or refuses to accept phone calls, when they used to speak on the phone often.
• The elder is exhibiting signs of severe mood swings or resistance to care while living in a nursing home.
• The suspicious person prohibits family members from visiting the elder, claiming the elder needs to rest, and doesn’t want to be disturbed. 
• The elder suddenly becomes less independent and relies on the suspicious person to do certain tasks for them.
• The suspicious person makes attempts to distance the elder from other helpers, such as social workers, in-home caregivers, nurses, and doctors.
• The suspicious person monitors phone calls by recording them, putting the phone on speaker, or insisting on being on the other line. 
• There are bank account transactions that could not have been run by the elder due to living in a nursing home.
• There has been a recent increase in bank transactions that do not seem to be related to the elder at all. 
• The elder has started exaggerating symptoms and ailments, expressing feeling weak when they were recently of sound health (the suspicious person may try to make the elder feel as though they are frail and cannot take care of themselves without them). 
• The elder refuses to do certain things and says it’s because the suspicious person wouldn’t like them to do it. 
• The suspicious person has been spending almost all of their time with the elder unsupervised. 

It cannot be emphasized enough how important it is for loving family members to take action if they observe any of the following signs of undue influence. Sometimes it can be hard to tell if undue influence is happening, especially if the suspicious person is being discreet and strategic. When in doubt, reach out to an attorney, like an estate litigation attorney from Klenk Law, about if what you are seeing could be undue influence, and what you can do to take action.
The post Signs That Your Elder Loved One May Be Suffering from Undue Influence appeared first on Allmand Law Firm, PLLC.

It should come as no surprise that many Americans carry significant debt, including student loans, mortgages, credit cards, and auto payments. Many people may find themselves spread thin, struggling to make payments for their financial obligations. This can lead to many considering how they can dig themselves out from under mounting debts. While bankruptcy may be an option, debtors should look for alternatives to bankruptcy before filing. There can be alternative options, and it’s crucial to conduct the necessary research. Taking immediate action with the assistance of either a financial advisor or a lawyer is imperative because failing to pay debts can not only be stressful but come with consequences when deadlines for payment are not met. Sometimes, despite best efforts, it may be necessary to consider bankruptcy as an option. We know that this is an incredibly stressful time, and there can be a lot weighing on your decision, which is why contacting our lawyer at Allmand Law Firm, PLLC for guidance is essential. 
 
Understanding Alternative Options to Bankruptcy
No person truly wants to file for bankruptcy, and before reaching this decision, exploring alternatives to bankruptcy will be imperative. There may be other ways to manage debt and preserve credit scores without the mark that a bankruptcy filing can put on your credit. Some alternative options to explore before filing for bankruptcy include:
 
Consider a Non-Profit Debt Counselor
While many debt settlement companies offer the allure of settling debts, it’s essential to know that these services can come at some expense. Instead, start by researching the options for a non-profit debt counselor. These agencies offer their services free of charge to help develop a budget, save for retirement, and more. Trained professionals will work with debtors to discuss their financial situation at length and establish a clear plan for managing debts. In some cases, a counselor may recommend that you sign up for a debt management plan, resulting from having too much debt that debtors are unable to pay. A debt management plan may be an opportunistic way of managing debts and resolving them in a more timely and manageable way. 
 
Negotiate with Credit Card Companies
Credit card debt is a common reason people file for bankruptcy. High-interest rates and making minimum payments can feel as though a person will never be able to pay off their debts. In some cases, obligations may be so extensive that a person will never resolve the debts they are contending with. However, if you default on payments, negotiating with credit card companies may be an option. While there are debt consolidation companies that can assist with negotiations, it may be possible to tackle negotiations on your own. Credit card companies may be willing to reduce interest rates or settle debts. After 180 days, your debt may be written off as a loss, but credit card companies may be ready to settle for much lower than your financial obligations. 
 
In some cases, some alternatives can help debtors dig themselves out from mounting debt. However, if a person has exhausted all options and consulted with a financial advisor, in some situations, bankruptcy may be the most appropriate way to move forward. 
 
Choosing Bankruptcy
Sometimes, debtors may manage their debts without resorting to bankruptcy, which is why exploring the options should be one of your top priorities. However, despite best efforts, bankruptcy may be the most appropriate option. Taking the time to review your debts and your specific situation is essential. Our experienced bankruptcy lawyers are prepared to provide straightforward, well-informed guidance for next steps that should be taken. 
 
The post Options for Managing Debts appeared first on Allmand Law Firm, PLLC.

https://nypost.com/2020/09/21/almost-90-percent-of-nyc-bars-and-restaurants-couldnt-pay-august-rent/ Originally appeared on New York Post
Nearly 90 percent of New York City bar and restaurant owners couldn't pay their rent in August, heightening the continued crush the coronavirus shutdown has inflicted on Gotham’s economy.
Eighty-seven percent of bars, restaurants, nightclubs and event spaces in the five boroughs could not pay their full August rent, according to data from 457 businesses surveyed between Aug. 25 and Sept. 11, in a new study released Monday by the nonprofit NYC Hospitality Alliance.It’s a 7 percentage-point increase from June and a four-point jump from July, darkening the dire picture for eateries desperately seeking relief following six months of partial — and in some cases total — closure due to COVID-19 shutdowns.Some 34 percent of this group said they could not pay rent at all last month, and only 12.9 percent were able to meet full payments.“Restaurants, bars and nightlife venues have been financially devastated by the COVID-19 pandemic,” said alliance executive director Andrew Rigie.“Even before the pandemic when operating at 100 percent occupancy, these small businesses were struggling to stay open. Now we’re seeing widespread closures, approximately 150,000 industry workers are still out of their jobs, and the overwhelming majority of these remaining small businesses cannot afford to pay rent.“The hospitality industry is essential to New York’s economic and social fabric, and to ensure the survival of these vital small businesses and jobs, we urgently need rent relief, an indefinite extension of outdoor dining, a roadmap for expanded indoor dining, covered business interruption insurance and immediate passage of the Restaurants Act by Congress,” he added.When asked if landlords were waiving rent in relation to COVID-19 hardships, just 40 percent of businesses responded in the affirmative — 28.5 percent said less than 50 percent of their rental obligations were waived in August, 43 percent said 50 percent and 28.5 percent said they were given a break on more than 50 percent of their rental fees.Meanwhile, 90 percent reported they have been trying to negotiate their leases, but their landlords wouldn’t budge.The study also comes ahead of the long-awaited partial reopening of New York City’s indoor dining slated for Sept. 30 at 25 percent capacity.New York City will be the last region in the state — and also a month behind neighboring New Jersey — to get the green light for the practice, despite a majority of the Empire State’s 57 counties outside the five boroughs being approved for the practice since June.“I’m not really surprised because the industry is devastated by this pandemic,” said David Rosen, owner of several eateries including Williamsburg’s the Breakers. He is also co-founder of the Brooklyn Allied Bars and Restaurants and a member of the New York City Nightlife Advisory Board.“The analysis around why folks are not able to get firm relief from their landlord, or renegotiate around long-term lease agreements or changes, is interesting because the narrative for the past few months has generally trended in a positive direction,” said Rosen.“I can understand why landlords have been reticent to renegotiate because people have been under the impression that we would reopen or get back to normal,” he added, saying he, too, is in different stages of ongoing discussions with his landlords and doesn’t expect to fully reopen his venues until at least next spring.“What’s concerning about this report is I would assume given the past two months and with outdoor dining unfortunately will be peak revenue season during this pandemic for restaurants. As we head into the winter, even with indoor dining on the horizon, I don’t think that 25 percent indoor will exceed what exists already outside. This ‘inability to pay rent’ trend will continue, if not worsen,” he said.“We understand the difficulties facing restaurants, which is why we’re protecting commercial establishments from eviction, allowing bars to sell cocktails via take-out and delivery, and cutting red tape so restaurants can easily expand outdoor dining,” said Jack Sterne, a spokesman for Gov. Cuomo.
Guidelines will be reassessed by Nov. 1 and restaurants may be allowed to increase to 50 percent capacity depending on positive compliance and infection data, according to state officials.–– ADVERTISEMENT ––

https://www.marketwatch.com/story/as-yellow-taxi-drivers-struggle-city-announces-six-month-pause-on-new-licenses-2020-09-17
 Originally appeared on MarketWatchTaxi drivers struggling to make ends meet have demanded medallion debt forgiveness and limits on ride-share apps   Helicopters circled and horns blared in solidarity as a fleet of yellow cabs shut down traffic on the Brooklyn Bridge on Thursday, the latest effort by the city’s beleaguered taxi drivers to draw attention to their cause and demand debt relief for their high-price medallion loans. “Seventy percent of the drivers are not working. The taxi fleets have most of the taxis in storage,” said Sergio Cabrera, a longtime cabdriver and member of advocacy group Yellow Taxi United. “In 21 years of driving, I’ve never seen it like this.” With anger among taxi drivers hitting a breaking point, the Taxi and Limousine Commission (TLC) planned to announce a six-month pause on new licenses for for-hire vehicles, a move that could stem the tide of new competition, including from disrupters Lyft LYFT, +0.94%   and Uber UBER, +1.80%  . A formal announcement is expected on Friday. But the move does little to address drivers’ main demand for debt relief. The city’s yellow-cab drivers felt the full force of the blow when the coronavirus pandemic hit New York, with trips plummeting 84% from their pre-COVID levels by early April. And while there’s been a slow trickle of returning passengers over the past several months and new relief efforts by the city’s TLC, drivers say it’s still not nearly enough to sustain business as usual — or to pay back expensive medallion loans. With Manhattan still largely devoid of office workers and tourists, Cabrera said, drivers are turning to the outer boroughs for fares. “In the outer boroughs where the average people live, there is much more movement,” Cabrera said. “Manhattan is not busy, it’s not functioning the way it should be. I don’t know when it’s going to come back.” The strain on the city’s taxi drivers is compounded by years of tightening margins and spiraling debt, as competition from apps like Uber and Lyft has flooded city streets, and declining values of the high-price medallions required to operate have left many drivers hundreds of thousands of dollars in debt. In 2018, then-taxi commissioner Meera Joshi characterized a spate of driver suicides as "an epidemic" in the industry. “COVID is just the latest problem,” said Carolyn Protz, a driver and member of Yellow Taxi United as well as the NYC Taxi Medallion Owner Driver Association. “Our problems as medallion owners go back much longer.”Members of the New York Taxi Workers Alliance, a union representing both yellow cab and Uber/Lyft drivers, had staged Thursday’s slowdowns on the Brooklyn and Queensboro bridges to draw attention to demands for debt forgiveness for medallion owners. Representatives of alliance did not respond to multiple requests for comment. As with many issues facing small-business owners in the pandemic, city officials say that further support and bailout money should come from the federal government and financial institutions. rather than local government agencies already facing budget cuts and potential layoffs. “The city is obviously in a financial crisis. There’s not a current opportunity for a traditional bailout for medallion owners who are indebted to banks,” TLC Commissioner Aloysee Heredia Jarmoszuk told MarketWatch. “It would require federal action and some regulation for banks that may have taken advantage of medallion owners who find themselves with higher interest and untenable loans.” Last week, it was reported that Connecticut-based investment firm Marblegate Asset Management LLC has recently forgiven $70 million worth of medallion debt, and in some cases capped individual owners’ debts at a ceiling of $300,000. The average driver-owner carries $600,000 in $600,000 in medallion debt, according to the TWA, and over the past decade, medallion prices had been inflated from around $200,000 to as high as $1 million, an investigation from the New York Times found last year. Advocates say it’s a helpful step, but more aid is needed. “Even the amount that they’ve lowered the debt, it’s an undoable amount of money to make those payments on a monthly basis,” said Cabrera, the cabdriver and advocate. “Most of the banks have a forbearance going on medallion payments right now, so that has helped. But we need massive debt relief. We need the city to step in.” At the height of the pandemic, the TLC launched the Get Food NYC food delivery program, paying licensed taxi drivers to deliver meals to vulnerable New Yorkers. More than 20,000 drivers have participated in the delivery of over 100 million meals since March, according to city data, collectively earning close to $40 million, Jarmoszuk said. “We have a lot of problems, we cannot deny that,” Jarmoszuk added. “These things did not happen overnight. It could have been far worse, but we were able to put supports in place to lessen the blow. Solutions [will take time] but they will happen.” Still, drivers are concerned about their debt, and what the industry will look like on the other side of the current crisis. “My concern is for the future, after COVID,” Protz said. “Going forward, there need to be many less for-hire vehicles [on the road].”  “I’m in the Bronx by the [Bronx Terminal Market],” Cabrera said. “I’ll sit here until a call comes through or someone comes out of the mall. The days are long. The income is not where it needs to be to make any kind of payment on what I owe.”