Blogs

3 years 9 months ago

bankruptcy-questionsMost people are aware that bankruptcy can help you keep your home, but what some may not know is that the process can help you do this in more ways than one.  In most cases, it depends on your unique situation and which chapter is filed.  Aside from preventing or avoiding foreclosure, you may be [...]


3 years 9 months ago

zombie debtIf you’ve been in debt for awhile, you’ve gotten a letter or phone call from a debt buyer.
The companies purchase uncollectible debts from credit card companies, banks and student loan lenders in the hopes that they’ll be able to convince you to pay them a few bucks.
They pay so little for the account that even a steep settlement is considered a profitable victory.
But what of the collection letter that shows up out of nowhere, demanding payment for a debt you’ve never heard of?
Welcome to the world of zombie debt. Though it’s as scary as the shuffling, brain-eating, undead there are ways to defend a lawsuit brought against you by a zombie debt collector.
Here are the simple rules I follow for my clients.
Demand Proof
If you got a collection letter from a company you’ve never heard of, you need to make sure they’ve got a right to payment.
Under the Fair Debt Collection Practices Act, you’ve got the right to demand validation of the debt. That means the collection agency should provide you with:

  • the name of the original creditor;
  • the amount claimed to be due;
  • a copy of the agreement between you and the original creditor; and
  • proof that the current creditor, if different from the original one, has the right to payment.

Send a letter to the debt collector, keep a copy, and refuse to pay them a dime unless and until they provide you with proof of the debt.
Make Sure They Can Collect
There’s a limit to the amount of time a creditor can take to demand payment. In New York, that’s six years. In California, that’s four years.
Make sure to verify the date of last payment, and do the math. If it’s too late to collect, they can’t force you to pay.
If You’re Sued
Just because a creditor or debt collector sues you, that doesn’t mean they win.
You get a limited amount of time to file an Answer to a Complaint. If you don’t, they win.
Call a lawyer or, if you can’t afford one, go down to the courthouse and tell the clerk you need to file an Answer. Most courts have forms that people can use to do it on their own.
Make the debt collector prove the case, including ownership of the debt and the amount due. Admit nothing – that’s their job.
Above all else, remember that you can’t win the case if you don’t fight it.
Image credit:  Eric.Parker
What To Do When You’re Sued On A Zombie Debt was originally published on Consumer Help Central. If you're seeing this message on another site, it has been stolen and is being used without permission. That's illegal, a violation of copyright, and just plain awful.


3 years 9 months ago

xjoe-teresa-giudice-photo.jpg.pagespeed.ic.PBRWfmZrVVStars of the hit reality television show Real Housewives of New Jersey may be in hot water due to their previous bankruptcy filing.  Joe and Teresa Giudice recently appeared in court answering a 39 count indictment which included 39 fraud counts.  Their brief appearance included surrendering their passports and each posting $500,000 bond before being [...]


3 years 4 months ago


Sometimes after a client files bankruptcy, a creditor who had an unsecured debt files a lien with a judgment obtained before the bankruptcy was filed.

The lien is likely invalid and can be removed.  Most likely, the creditor did not have knowledge of the bankruptcy when the abstract judgment was recorded.  By contacting the creditor or their lawyer directly they will voluntarily remove the lien.  

If the creditor refuses, an adversary proceeding in the bankruptcy court can be filed to remove the lien and possibly seek monetary damages for a violation of the fair debt collection acts.  Because of the time and cost, hopefully this will not be necessary. 

But you should review all of the facts with an attorney and then take steps to get it removed as soon as possible.  

Ken Jorgensen, California Attorney
www.fresnobankruptcylawgroup.com

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


3 years 9 months ago

MK-CF275_DETROI_G_20130804182015Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for August 06, 2013 Detroit Bankruptcy Lawyers Break a Glass Ceiling A Bankruptcy Guide for Business Owners Hawk Electronics to declare bankruptcy  


3 years 9 months ago

dmx-600-1375202522Rapper DMX, aka Earl Simmons, 42, filed for Chapter 11 bankruptcy protection recently just days after leaving a South Carolina jail.  The filing took place in the rapper’s native state of New York in Manhattan.  According to his representative the filing will assist in reorganizing his finances to enable him to perform oversees this fall. [...]


3 years 9 months ago

Real Housewives Star Danielle Staub Files Chapter 7 BankruptcyFormer Real Housewives of New Jersey star Danielle Staub was facing similar allegations to what Teresa Gudice is currently facing: bankruptcy fraud.  Yet, a recent court appearance in July worked to settle out details from Staub’s 2012 filing.  As a result, Danielle agreed to pay creditors $35,000 as part of the proposed settlement terms.  The [...]


3 years 9 months ago

Schools cannot refuse to release your transcript or diploma just because your bankruptcy case discharged a debt for tuition.  This ruling came down recently from the Seventh Circuit Court of Appeals, which covers Illinois, Wisconsin and Indiana.  It is true that student loans cannot be discharged in bankruptcy, except in special circumstances, such has financial […]


3 months 1 day ago

Schools cannot refuse to release your transcript or diploma just because your bankruptcy case discharged a debt for tuition.  This ruling came down recently from the Seventh Circuit Court of Appeals, which covers Illinois, Wisconsin and Indiana.  It is true that student loans cannot be discharged in bankruptcy, except in special circumstances, such has financial […]


3 years 9 months ago

The very first thing you need to do before filing for Chapter 13 is to meet with an experienced attorney in your area to talk about your case. Most attorneys will have a bankruptcy questionnaire which you will fill out in advance or at your meeting. The questionnaire is a detailed listing of all of+ Read MoreThe post What do I need to do before filing for Chapter 13? appeared first on David M. Siegel.


Pages