Legal help goes a long way for veterans at HVAF

Matt Gaudin is our legal go-to guy here at HVAF, and will be celebrating his one year anniversary with us this September. He helps veterans maneuver the legal system and has been able to get their driver’s license back, expunge old criminal records and has provided fresh financial starts.

“I enjoy being able to serve our veterans who have sacrificed immensely for our country,” said Gaudin.

He has family ties to the military that inspired him to give back to veterans. His grandfather was in the Army Air Corps during WWII in the European Theatre, where he received a distinguished medal for his services. “I’m very proud of his service,” said Gaudin.

One of Gaudin’s current clients, Schon Perkins, has expressed extreme gratitude for his services. “I don’t often praise people, but Matt is seriously one of the nicest guys,” said Perkins. “His phone line is always open.”

Gaudin has helped Perkins expunge two things from his record, and is now coaching him through the filing process of bankruptcy. “I wouldn’t have gotten anything done without Matt,” said Perkins. “I call him all the time and he’s always willing to help.” These connections and the impact he makes in others’ lives are what keeps him coming back each day. 

Veteran Provided a "Fresh Start"

Wayne at HVAF

For Wayne H., 56, getting out of the credit card hole was not easy. “I made poor choices like purchasing a new car,” says Wayne. “The interest payments became too high and I got way over my head…I basically owed $9,000 on a $2,000 car.”

Wayne admits the car was an impulse buy but one he needed in order to get to and from work.

Now a partnership between the Hoosier Veterans Assistance Foundation (HVAF) and the Neighborhood Christian Legal Clinic (NCLC) is giving more veterans at HVAF a chance receive the help they need. Wayne spent three months homeless before coming to HVAF in October 2013. Since then, the U.S. Army veteran has relied on HVAF transitional housing and services.

Wayne admits the car was an impulse buy but one he needed in order to get to and from work.

The Clinic has been working with Wayne H. since December, 2013. In January, the Clinic assisted Wayne in filing a Chapter 7 bankruptcy, but first, Wayne attended both pre and post-bankruptcy classes to make sure he was making the best decision.

“Although it is always a last resort, filing bankruptcy provided Wayne with relief from approximately $52,000 of debt. Wayne is working full-time at the Indianapolis airport. This bankruptcy protected his wages from being garnished and provided Wayne with a fresh start financially,” says Brian Dunkel, attorney at the Neighborhood Christian Legal Clinic.

Veterans seeking advice or legal representation in bankruptcy is approximately 25% of the intakes at HVAF so it is a significant portion. It provides short-term and long-term relief to a veteran by protecting wages from garnishment.

“I have noticed that wage garnishments often keep clients from self-sufficiency—there is just not enough money to cover rent, utilities, and food,” says Brian.

While federal laws severely restrict lenders from exploiting servicemen these days, some veterans may still have old “payday” loans, rent to own furniture bills or old auto loans they cannot pay. Even if the furniture or car was repossessed, a veteran could still legally owe the debt and unless a veteran has a great job or a healthy retirement plan, he will likely qualify for Chapter 7 bankruptcy.

Chapter 7 is the most drastic but effective form of debt relief, as it permanently eliminates the veteran’s financial obligation to repay most debts. However, anyone filing Chapter 7 including a military service member cannot include some types of debt. Recent tax bills, child support, alimony, court fines or any debt related to a crime are ineligible for debt assistance.

Chapter 13 is another option for veterans who still have a decent income but just need a little help to get back on their financial feet. In Chapter 13, a court trustee supervises partial repayment of debts. It takes three to five years to finish a Chapter 13 plan, but during this time a debtor cannot get any new credit without a judge’s permission.

Filing bankruptcy is not a decision Wayne took lightly. However, it will provide a lot of financial relief as Wayne looks to the future on that will provide him with a fresh start.

“I am working on saving money and am off to a new start in 2015,” adds Wayne.

A clean record means a second chance

Anthony S., HVAF veteran

For more than a decade, Anthony S., a U.S. Army veteran, has been haunted by it. Each time the homeless veteran seeks an opportunity to turn his life around; there it is in black and white print – convicted felon.

Anthony and some 123 homeless veterans currently being served by Hoosier Veterans Assistance Foundation (HVAF) have criminal records. Their lives ruined after a single poor choice and despite their brave service to their country.

“It started from the very moment I made that decision to steal,” the 49-year-old, who served six months in prison for his crime, says. “I was abusing alcohol, wasn’t thinking straight and that wrong decision has been a barrier for me moving forward with my life.”

But now, HVAF, its partner the United Way of Central Indiana and others are launching a new program on August 28 at the Indiana War Memorial that could help veterans move beyond their criminal convictions.

“We’re calling it Second Chances Series: Helping Hoosier Veterans, an Expungement Forum,” says Charles Haenlein, Ph.D., the President and CEO of HVAF. “We will help veterans and our HVAF case managers, who work to return our vets to self sufficiency, understand a new state law (Public Law 159), that went into effect July 1 that allows some crimes to be expunged from veterans’ records."

Keith C., HVAF veteran

“It’s discouraging that each time I apply for a job and they find out that I have a criminal record I never hear from them again,” says HVAF veteran Keith C., a 47-year-old veteran of Operation Desert Storm. “The opportunity for a clean record gives me hope for a job and maybe even a home of my own.”

Employment and homeownership are the two most crucial, potentially life-changing events impacted by a veteran’s criminal record. Housing authorities will deny an otherwise eligible veteran a placement based on a single prior drug conviction. Employers rarely consider applicants with a felony record.

“The men and women we serve are good people seeking a better life,” Haenlein says. “Many are in our intensive substance abuse treatment program REST, working hard through classes and programs five days a week, and we owe it to them to give them the best opportunity for a second chance at personal success.”

“I understand that this isn't a get-out-of-jail-free card," Anthony says. “But, getting my crimes expunged would help me become a productive member of society again.”

And, he’ll no longer be haunted by the actions of a man he no longer recognizes.

“I’m working to earn a management level position in customer service, possibly the food service industry, and to acquire my own home,” Anthony says.

His fellow veteran, Keith, plans to go return to college to complete a Bachelor’s Degree in paralegal services at IUPUI.

Editor’s note: The Neighborhood Christian Legal Clinic and Indiana State Representative Jud McMillin are serving as Expungement Forum instructors, and our deeply appreciated partners in the event. Co-sponsored by HVAF of Indiana, Inc, United Way of Central Indiana and PACE.

Groups partner to offer legal services to HVAF veterans

Many veterans who served in combat zones are confronting legal problems such as child custody, employment and homelessness. Now through a new partnership with Neighborhood Christian Legal Clinic, HVAF will provide legal services to its veterans. This has the potential to become a model for other agencies serving the homeless.

At a special ceremony on July 11, Charles Haenlein of HVAF and Josh Abel, of the Neighborhood Christian Legal Clinic, signed the agreement that will provide ongoing legal services to homeless veterans at HVAF.

On July 17, reporter Marilyn Odendahl with The Indiana Lawyer reported the story.

Read the full story here