Blogs

10 years 5 months ago

This is the case of Duane Comersky who comes to me for a bankruptcy consultation.  Duane is currently residing on Laura Lai Street in Zion, Illinois, Lake County Illinois.  Duane has never filed for bankruptcy before; this is his first consultation with an attorney.  He does not own any real estate.  He is currently living+ Read MoreThe post Bankruptcy Filing Software To Aid In Determining Chapter 7 or Chapter 13 appeared first on David M. Siegel.


10 years 5 months ago

Man shoutingLast week, a former client called and tried to refer me a new Chapter 13 client who was facing foreclosure.  While I appreciated the referral, I could not take the case because the potential client was calling from out of town at 5pm on the Monday before his house was schedule to be sold at a foreclosure sale on the courthouse steps.  The potential client did not have a credit counseling certificate and because he had filed before twice, the automatic stay would not go into effect even if he did file.During our conversation, the potential client told me that he had been negotiating with his mortgage company and that until that Friday, he was led to believe that a modification and restructuring of his loan was likely.I hear the same story from vehicle owners who have fallen behind by two or more payments but who are talking to the customer service reps at their lenders.  I remember one case involving a woman who had never had any credit problems before but was struggling to pay her car note because of a job layoff.She explained that while she was talking to the customer service agent, her conversations were friendly and the agent assured her that the lender wanted to work with her.  Two days later, after the car was picked up, the agent’s tone became much more hostile and my client was told that she would need to pay the entire balance 1 or her vehicle would be sold at auction.  We ended up filing a Chapter 13 and used a Complaint for Turnover to get the vehicle back.My point is this: if you have led a respectable middle class lifestyle, there is a good chance that you have had minimal contact with loss prevention personnel employed by vehicle lenders or mortgage companies.  You tend to believe that most people – especially employees of major corporations – are going to tell you the truth.It may not have occurred to you to think that a mortgage company representative would lie to you about a modification to prevent you from taking action (i.e., Chapter 13) to stop a foreclosure or that a vehicle lender would lie to you about a payment plan so that your vehicle would be easy to find by the repo man.Unfortunately when you are facing debt, especially on big ticket items like houses or cars, the company representatives will out and out lie to you and there is not much you can do about it.Yes, we can stop, but not “undo” a foreclosure. We can get your car back after repossession if you act quickly.  But you are much better off acting proactively than reactively.So if you are like a lot of my clients – someone who has always paid his bills and has never had to deal with late payment or collection phone calls – do not allow yourself to be victimized by company representatives who stretch the truth (lie) about your payment options.  Instead, call a bankruptcy lawyer like me to gain perspective about what you are really facing.  I am happy to help you – my number is 770-393-4985 or you can reach me by email as well.

  1. This is what is known as an acceleration clause in the contract.

The post Middle Class Debtors Often Victims of Falsehoods and Misrepresentations appeared first on theBKBlog.


10 years 5 months ago

DMXBringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for November 12, 2013 Judge in NY rejects DMX’s bankruptcy filing 3,000 jobs to go as UK retailers file for bankruptcy Global Aviation Enters Bankruptcy  


10 years 5 months ago

Can I Just Put Anything On My Petition To Get My Bankruptcy Filed In A Hurry?If you filed bankruptcy in the past you may have questions about whether to file again.  Understanding when you can file again is important to help save time and money.  But, technically speaking, if you received a discharge when you filed previously, this helps in determining when you can file again, if you are looking [...]


10 years 5 months ago

4Most debtors who file bankruptcy want to complete the process as soon as possible to get the relief they need.  Yet, doing certain actions beforehand can hinder the end result of your case.  Consumers are encouraged to learn about the filing process, but you should also keep in mind of actions to avoid if you [...]


10 years 3 months ago

Often when I meet with clients who are dealing with Creditors Bureau USA I can see the worry and exhaustion in their eyes.  Many creditors have earned a bad named for unethical practices

Many times here in Fresno County people who get sued by Creditors Bureau USA will try and represent themselves.  How quick they find out why practicing law is a full time profession – they get flooded with paperwork both from Creditors Bureau USA and from the Fresno Superior Court.

On your own, you will struggle to find out what all this means.  For instance, if you have not already attended the Case Management Conference, you will learn that it is not trial, but a meeting with the Court's staff to set up a trial date.  Thus, it is not the end, but, but only the beginning. 

If you aren’t sure what the paperwork means you end up spending all of your evenings searching the Internet hoping to find information that is useful.  Maybe you are doing that now.

But it doesn’t have to be that way.  Frankly, one of the greatest benefits of hiring an attorney to help you with your Creditors Bureau USA lawsuit is peace of mind.  You can hire a lawyer full time and you get your life back.  You can hire a lawyer for consultation services, so you can quickly get on track and know you are doing things right. 

Hiring an attorney like me is not going to break the bank.  It will cost money, but it will be worth it.  There are attorneys like myself that have alternative billing practices (as compared to most attorneys), that will make it some what easier to get an attorney involved.

So the question you have to ask yourself is if it will be worth hiring an attorney, at least on a consultation basis.  The alternative is spending hours wondering if you are doing it right.  I am biased.  Truly, though, you are much more likely to get a favorable outcome.

Photo credit: http://www.flickr.com/photos/betsssssy/


10 years 5 months ago

ACC-BankruptSome debtors wonder if you have to have a specific amount of debt in order to file for bankruptcy protection.  In most cases you do not need a set amount of debt to file, but it depends on which chapter you are seeking protection with and other details relating to meeting qualifications. For instance, most [...]


10 years 5 months ago

BN-AH853_hamels_E_20131107132234Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for November 07, 2013 Pro Athletes Score in Bankruptcy Court Atlantic Club Announces Bankruptcy Filing The Bankruptcy Exemption  


10 years 5 months ago

Most Common Questions about Bankruptcy and Income Tax DebtFinancial experts actually have good things to say about bankruptcy.  While filings increased greatly during the recession in 2008, the sudden surge of filers during this time was scrutinized by some experts as an unacceptable way for people to get rid of outstanding debt.  But, if you are truly in a situation in which you [...]


9 years 5 months ago

//adriennewoods.wordpress.com/, discusses the difference between Chapter 7 and Chapter 13 bankruptcyChapter 7 bankruptcy is designed for people who, no matter how hard they work, will find it nearly impossible to ever pay off all their debts and be able to afford daily necessities at the same time. A sale of the debtor’s assets is conducted and the money raised is distributed among his or her creditors. While the stigma of the bankruptcy and the damage to the individual’s credit will last for years the person can usually walk away from bankruptcy free from prior debts, with notable exceptions. 
In 2005, Congress passed the Bankruptcy Prevention and Consumer Protection Act of 2005 (BAPCPA) which resulted in several changes to the United States Bankruptcy Code. One adjustment was that it made it much more difficult for individuals to file under chapter 7.
This is where chapter 13 bankruptcy becomes an option. 11 U.S.C. §13 specifically provides for a way for “wage earners” to keep their assets and avoid continued collection activity by agreeing to pay off their debts over a fixed period of time.

  • Under chapter 13, a debtor voluntarily suggests a specific plan to to pay his or her creditors over a 3-5 year period. The precise amount of time allowed for the payments to be completed is determined by a debtor’s current monthly income.  (11 U.S.C. §1322(d))

A document known as a chapter 13 plan is filed with a debtor’s petition. This written plan details all of the payments and when they are expected to be made. The plan details the treatment of debts, liens and lists the status of all the debtor’s assets and liabilities. The goal of the system is to allow a debtor with a relatively steady flow of income to find a way to pay the amounts owed without having to surrender any assets.
Some of the advantages of chapter 13 bankruptcy:

  • You can stop a foreclosure of your property.
  • If you have loans coming due soon, you can spread out the payments over the next five years instead of having to pay them off all at once.     

The major problems people experience with chapter 13:

  • You have to make your payments on time.
  • If you do not complete the payment plan as scheduled, you may end up owing your original debt plus retroactive interest.

Filing for bankruptcy though chapter 13 is no magic bullet – it  comes with many potential pitfalls, just as other personal bankruptcy options. However, it may be worth it for some individuals.
For those who are instead thinking of turning to debt consolidation companies to help solve their problems, you may be making a costly mistake. Individuals who are considering debt consolidations companies to assist with their debt consolidation may be making a costly mistake. While some of these businesses are legitimate, others are not and may make an individual’s situation considerably worse. These companies often put the money you give them towards paying their monthly “service fees” rather than actually using it to help pay down your debts.
If you think you may qualify for bankruptcy and would like to discuss your options with a lawyer specializing in bankruptcy, please contact Adrienne Woods.
Adrienne WoodsAdrienne Woods
The Law Offices of Adrienne Woods, P.C.
[email protected]
917.447.4321


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