Consumer Bankruptcy Journal Winter 2016 | Page 51

HELP LOWER INCOME SENIORS for “ Help Eliminate Legal Problems for Seniors and Disabled .”

HELPS is now a 501 c nonprofit law firm that represents seniors and disabled persons on protected income for the purpose of having an attorney to prevent collector contact under the Fair Debt Collection Practices Act . HELPS does not represent persons in any court . HELPS sends “ cease and desist ” letters to collectors telling them to stop all contact with the debtor , and instead communicate with HELPS . HELPS represents seniors and disabled persons receiving protected income in all 50 states . We receive this communication on an ongoing basis , now , and years into the future . No qualified person is ever turned away . Approximately a quarter of the clients we help receive our service for free . Others pay an average of $ 10 or $ 20 per month for a specified period . They easily enroll over the phone and can get almost immediate relief from harassing collectors . We educate seniors how they can maintain their financial independence , Including assisting them in obtaining uncollectable status with the IRS and $ 0 student loan payment under an income contingent repayment plan . We help with form letters for prospective landlords explaining that the senior ’ s income is protected and available for rent . They can always call us with questions or concerns .
There are far more seniors who need our help than we at HELPS could ever hope to assist . Thankfully there are many bankruptcy attorneys that already render pro bono services to the poor , lower income seniors and disabled persons . HELPS encourages bankruptcy attorneys to continue to help lower income seniors they meet in their practices . Persons receiving protected income , who simply need protection from collectors and maybe an attorney they could occasionally call . Whether the attorney wants to render this service pro bono or for a nominal fee is of course up to them . HELPS is happy to provide any attorney with templates and forms including cease and desist letters , printed information on how attorneys can help lower income seniors obtain uncollectable status with the IRS , student loans income contingent repayments with minimal or $ 0 monthly payments , overlooked VA benefits , Section 8 housing , basics of reverse mortgages , and many other practical topics of concern to lower income seniors . We are always happy to consult with attorneys who have questions .
There are other areas where NACBA attorneys can render valuable service to lower income seniors and disabled persons . Several years ago I attended a NACBA conference in Washington D . C . Before the convention I and many other participants participated in legislative work . We received training , then met with our respective state senators and representatives regarding national legislation . This experience and training from NACBA taught me that I could do something- it sort of broke the ice . Running HELPS full time gave me time to do some things I had wanted to do for years .
The Oregon Department of Revenue , in my home state , had for years been actively collecting taxes from seniors whose only income was social security and meager pensions . They never advised these seniors that their income was protected and legally could not be garnished . Instead the state actively made demands and then filed garnishments on seniors ’ bank accounts , which contained nothing but exempt social security or pensions . There was no attempt to inform these persons about their income being protected . Bankruptcy attorneys in our state were frustrated with the problem .
I turned to Kent Anderson , a law school classmate and Oregon NACBA chair for help . With Kent ’ s mentoring , HELPS became the guiding force in passing new legislation . Oregon House Bill
2089 mandated that the Department of Revenue offer to suspend collection of state income taxes for lower income seniors and disabled person receiving federally protected income . It took lots of work . I learned the importance of involving the press . When a front page article came out in the Oregonian , our state flagship paper , exposing the problem , the bill quickly passed unanimously in both the Oregon House and Senate . This success has motivated me to pursue further legislation in this upcoming session here in Oregon . Past due property taxes in Oregon currently accrue interest at 16 % per annum , inordinately harming the poor and elderly . I am actively working with legislators now to present legislation this coming session to change that immoral sum to something more fair and reasonable .
I regret not having becoming involved earlier in the legislative process . NACBA members in every state probably see laws that need changing or implementing where they live . Not everything in bankruptcy needs to be done on the national level . Many times this legislation simply makes common sense . I am certain there are opportunities for attorneys everywhere to make a real difference in their own state . It is not easy , but not as hard as it might seem .
Bankruptcy attorneys and NACBA continue to do incredible work helping financially struggling Americans . HELPS nonprofit law firm wants to assist NACBA members who want to protect the elderly and disabled from unwanted collector contact . We encourage NACBA members to email or call us with questions or request for forms that they may need for seniors or disabled persons they are assisting . If you are unable to help , 501 ( c ) HELPS may be a good option . You can learn more about nationwide HELPS at www . helpsishere . org or call me personally at 855 435 7787 .
National Association of Consumer Bankruptcy Attorneys Winter 2016 CONSUMER BANKRUPTCY JOURNAL 51