Blogs

The federal Fair Credit Reporting Act (FCRA) provides a consumer with certain rights regarding his file in the credit bureau. The FCRA was enacted to promote the accuracy, fairness, and privacy of information in the files of a credit bureau.

Credit bureaus may generally report accurate negative information on your credit report for up to seven years and bankruptcy information for up to ten years. Under the law, credit bureaus are also called "credit reporting agencies.". You may obtain a free copy of your credit report once every 12 months from each of the three major credit bureaus at www.annualcreditreport.com.

A consumer has the right to dispute inaccurate or outdated information on his credit report under the FCRA. The credit bureau and the provider of the information (such as the credit card company or other lender) have the duty to correct inaccurate or outdated information. You may dispute the information on the credit report with both the credit bureau and the provider of the information. The credit bureau must generally investigate the disputed item within 30 days. When the investigation is complete, the credit bureau must give a person the written results.Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com

Debt Collector Chad Steur Law Refuses to Pay Up Chad Steur Law, LLC, a debt collector, owes my client, Helen, $2280.58. So far, Steur refuses to pay up.  Before she came to see me, Helen was being harassed by a debt collector, calling for Chad Steur Law.  The collector told her he was calling from […]The post Debt Collector Chad Steur Law Refuses to Pay Up by Robert Weed appeared first on Robert Weed.

Debt collector
Debt collector John Williams, owner of Williams, Scott & Associates LLC, a debt collection firm, told his employees to coerce consumers into paying money they did not owe, according to article in Reuters, by Nate Raymond.   Employees at Williams’ firm falsely claimed to be a “detective” or “investigator,” or tied to government agencies. Consumers were also told they could be arrested or face prison time if they refused to pay.  LIES!!
According to Assistant U.S. Attorney Sarah Paul Williams’ firm defrauded 6,000 customers from 2009 to 2014 into paying about $4.1 million by misrepresenting how much they owed and by falsely claiming they could face prison time.  In late 2014 the FBI raided the debt collector and the Federal Trade Commission (FTC) sued to halt its operation.
Debt collector firms such as Williams’ buy delinquent debts, often for just pennies on the dollar, and try to collect the full amount the original lender claimed. Many of these debts are, by law, uncollectable, such as discharged in bankruptcy or outside the statute of limitations.
This focus on illegal activities of debt collectors comes as a result of consumers filing so many debt collector complaints that it is now listed as the No. 1 most-complained about area of consumer financial services, according to Consumer Financial Protection Bureau “CFPB”.
The case is U.S. v. Williams, U.S. District Court, Southern District of New York, No. 14-cr-00784.
Read entire article
 
The post Debt Collector Facing 20 Years in Prison for Collection Scams appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.

 After 25+ years representing hardworking but financially struggling men and women in the Atlanta area, I can report to you that the #1 secret to surviving Chapter 13 is living below your means. This can mean you have to make some difficult choices.Chapter 13 Trustees are Increasingly DemandingWhen you enter Chapter 13, you need to eliminate the “wants” in your life in exchange for the “needs.” I advise my clients that if you find yourself meeting with a bankruptcy lawyer, everything needs to be on the table. And this includes your cars, home, furniture, jewelry and just about any other type of property you are financing. You will also find that your Chapter 13 trustee likely has a much more restrictive view of what constitutes a true “need:”

• if you find yourself paying more than $300 per month for a car or truck, you need to consider giving that vehicle back to the creditor and buying a car for cash or financing a vehicle and keeping the payment below $300 per month
• if you are financing vehicles, furniture or jewelry for your children or other relatives, you should be prepared to surrender that property and let your relative work out a deal on his/her own
• if your budget includes out of pocket payments for your children’s college expenses, expect push back from the trustee. The trustee’s position will generally be that your child needs to use loans and grants to finance his/her own higher education and that your child may need to seek a less expensive education. Trustees generally do not agree with including someone else’s education costs in your budget
• if your budget includes private elementary or high school for a child, you will need to produce evidence that your child has special educational needs that make public school insufficient
• do not plan on keeping time shares or other non-essentials when you file Chapter 13

Currently, my experience has been that Chapter 13 trustees in the Atlanta area are more demanding than ever when it comes to squeezing your budget to extract every penny. Personally, I think that some of these budget demands do not account for the strong likelihood that you will have an emergency or unexpected expense during the course of your Chapter 13. The response I get: file a motion to ask the judge for special consideration if and when that happens.Your Chapter 13 Budget Must Work on Paper and in Real LifeEven if your budget works on paper, I always remind my clients that Chapter 13 cases last 5 years and 5 years can be a very long time. The means test budget figures that we use when preparing your case represent very modest monthly expenditures. If we find ourselves allocating less money than the means test numbers for food, clothing, medical costs, etc, that is a red flag.If you bite off more than you can chew by trying to keep secured property that you really can’t afford, you will eventually find yourself facing the judge in a motion for relief from stay or a motion to dismiss. Judges hate to see bankruptcy debtors lose their homes or cars but if the numbers don’t work and your plan is not feasible, the judge will rule against you.Chapter 13 can be a powerful tool that enables you to “reboot” your financial life and restructure payments on essentials like your house or car. But you can’t expect the judge to do all the heavy lifting – you, and you alone, have to prove that the repayment plan you file in Chapter 13 is feasible.The post What is the Secret to Making Your Chapter 13 Plan Work? appeared first on theBKBlog.