Jay W. Vaughan, Jr., Attorney

06/01/2024

Please don't fall for this scam; I did NOT almost fall for it, but I know people who have. I am relaying a post from another individual. Consider this your public service announcement for the weekend:

Today I had a message instructing me to return the call which was time-sensitive to a Sheriff's Deputy. I did call him to hear that I had failed to appear on a Federal jury and that I was being notified to avoid being apprehended and that there had been warrants issued but not acted on by the Sheriff's Dept.
The Deputy had my name address phone number and age. I told him that I knew nothing about this jury notification that was to have been served in April.
He stated that I needed to act immediately in order to have the charges expunged. He explained that I would need to pay a bond before appearing at 201 Poplar in order for the matter to not be elevated.
To insure that I would attend to this matter, the Deputy needed to stay on the line with me until I got to 201. Then he told me that the bond would need to be paid prior to getting there. His instructions were to locate a kiosk that is used in lieu of going to a bail bond office, since this would speed the process up. The closest kiosk would be inside Kroger's. I stayed on the line and asked the Deputy what woukd happen if I just showed up at 201. He said if the bond had not been paid first, I would be taken into custody immediately since I didn't follow the instructions. Now, the bond could only be paid in cash, not credit, debit or by check! He didn't want me to hang up on the call or put him on hold. I was able to make a call on my landline before I left my house to let my wife know what was going on.
As I was standing in Kroger's, the details were really starting to make no sense and I mentioned that to him while still on the phone. I was getting calls from my wife but didn't switch over. I used the store's phone and called her. She had called the Sheriff's Dept and found out that this was definitely a scam! Of course I hung up on the guy and he tried to call me back a few times and even left a message saying "We're coming to get you" and then before hanging up I heard him mumble "... bitch!"
After Googling "Coinstar scam", the name of the kiosk, I learned about this same scam in many other areas of the country.
Please remember this and pass it along. They are very convincing and use the element of time sensitivity and pressure to convince people that everything is legitimate.

06/28/2023

"YOUR KINDNESS WILL GIVE OTHERS STRENGTH."

(from my fortune cookie today)

05/31/2023

10/26/2022

Typically, a debtor's involvement with the bankruptcy judge is very limited. In most cases a debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors....

10/20/2022

May the debtor pay a discharged debt after the bankruptcy case has been concluded? A debtor who has received a discharge in bankruptcy may voluntarily repay any discharged debt. A debtor may repay a discharged debt even though it can no longer be legally enforced by the creditor. Sometimes a debtor....

10/18/2022

May an employer terminate a debtor's employment solely because the person filed a bankruptcy or failed to pay a discharged debt? The law expressly prohibits discriminatory treatment of debtors by both governmental units AND private employers. A governmental unit or private employer may NOT discrimin...

10/07/2022

Here's some "fun" Friday reading!

BANKRUPTCY LAW IN A FLASH - QUICK OVERVIEW

"What are the various types of bankruptcy available to me, and what are the differences between them?" is a question that I am often asked by potential clients. An individual can file bankruptcy under Chapters 7, 11, and 13 of the Bankruptcy Code.

Our present system of Bankruptcy law has its roots throughout history in the Middle Ages as well as Biblical references found in Leviticus 25:1-55. Thankfully we have progressed from debtor imprisonment to our current system.

Chapter 13 of the Bankruptcy Code allows for the adjustment of debts of an individual with regular income. Regular income is described as income sufficiently stable and regular to enable the debtor to make payments under a Chapter 13 plan. Typically, a Chapter 13 plan creates repayment for 3-5 years.

It is a common misconception that an individual must be insolvent in order to file for relief under Chapter 13; howerver, this is not the case. What is required is that the individual has debts. In sum, Chapter 13 was intended to allow a debtor with regular income an alternative to liquidation.

Chapter 7 of the Bankruptcy Code is what comes to mind for most people when they think of bankruptcy. One of the purposes of Chapter 7 liquidation proceedings is to give the debtor a fresh and clean start from the harassment of creditors and from worries caused by the weight of too much debt.

Finally, in a Chapter 11 proceeding a debtor seeks to reorganize his or her business in order to avoid liquidation.

Determination of filing for relief under Chapters 7, 11, and 13 of the Bankruptcy Code requires the balancing of a series of complex and sophisticated statutory and common law provisions. An attorney, in order to make a determination of the appropriate type of bankruptcy for an individual, will assess the types of debt the individual has and the dischargeability provisions of each chapter as well as a host of other factors.

I hope this has answered a few of the more commonly asked questions regarding bankruptcies. Should you desire to discuss this type of matter with me personally and in more detail, please feel free to contact me at 901.857.1558 or [email protected]. See less

05/28/2021

Happy holiday weekend! Stay safe and don’t do this. (*Not my ticket*)

04/27/2021

"I was going to file bankruptcy, but they already sued me. I guess I'm out of luck. It's too late."

Generally, you can file bankruptcy at any time - even after you have been sued, even after someone has taken a judgment against you. The Bankruptcy Code's "automatic stay" provision stops lawsuits, repossessions, foreclosures, garnishments, bank account attachments, and, among other things, harassing phone calls. Your creditors are to stop collection activities against you (with a few exceptions). Often, you can recover funds that have been garnished or vehicles that have been repossessed. Just because a lawsuit has been filed or a judgment has been taken against you, that does not make your debts non-dischargeable; if it was dischargeable before you were sued, then it's usually dischargeable afterwards too.

If you have questions or need to stop collection activities against you, feel free to contact me by phone/text at 901.857.1558 or by email at [email protected] (even if you've already been sued).

04/20/2021

"I would probably file bankruptcy, but I don't want everybody to know about it."

While many people may feel embarrassed about filing bankruptcy, contrary to popular belief, not everyone will know that you have filed. Please note that the U.S. Bankruptcy Court is a court of public record, meaning that someone can find out about your filing if they research hard enough; however the Bankruptcy Court does not print widespread publications of bankruptcy filings. Some local newspapers may run articles or lists of filings, but unless you are a celebrity or other VIP, I would not expect to see your bankruptcy filing in the headlines. Most media do not have the space or staff to even consider reporting the numerous cases. Usually and most often, the chances are that only your creditors (the people that you owe and have to list in your bankruptcy paperwork and documents) are the only ones who will find out.

Feel free to call or text (901.857.1558) or email ([email protected]) if you want to discuss your situation.