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If you are considering bankruptcy in Seattle, you must already be in a dire financial situation. As such, you probably think it is better if you file bankruptcy on your own to save on attorney’s fees. However, you may not be aware that it is a big and expensive mistake. The fact remains, working with an experienced Seattle bankruptcy attorney will not only save you money but also time and the stress brought about by bankruptcy proceedings.
You should be aware that you will still be required to pay the same filing costs and fees even if you do decide to file bankruptcy in Seattle on your own. Another important thing to note is the complexity of a bankruptcy case such that even the simplest case requires accomplishment of extensive forms, compliance to local court protocols, and in-depth research on exemption laws. Errors may lead to major repercussions wherein you may lose nonexempt properties, your debt may not be approved for discharge, or worse, you could be charged for fraud.
You may avoid these complications by getting one of the best Seattle bankruptcy attorneys. You may find the qualified ones at Northwest Debt Relief Law Firm because they will work hard to the best of their abilities to ensure that you get all the assistance you will ever need.
So, what exactly do Northwest Debt Relief Law Firm’s Seattle bankruptcy attorneys do for their clients?

1. They will make sure that you are fully aware of your options and the different types of bankruptcy so that you may file the one that is more ideal for your financial situation.While there are many types of bankruptcy, only two are of concern to most individual debtors:  Chapter 7 and Chapter 13. While they both provide protection from your creditors, which one you file depends on your individual situation.
   • A Chapter 7 bankruptcy is more about the liquidation of assets to pay off creditors. It is usually fast, with discharges received within three to four months, allowing debtors a quick fresh start.  All of a debtor’s non-exempt properties are collected and sold to pay back the creditors  A debtor is allowed to keep what is known as exempt property. Chapter 7 bankruptcy is suitable for low-income debtors with little or no assets with which to pay off their debts. However, it costs more to file for Chapter 7 bankruptcy than Chapter 13  and there is a greater risk of losing your property due to foreclosure.
   • A Chapter 13 bankruptcy is more about helping a debtor pay off outstanding debts through an approved repayment plan.  It is often called “reorganization” because it allows Chapter 13 filers to pay off all or part of their debts in a span of three to five years. The purpose of the reorganization plan is to show how you will fully pay all priority claims, such as child support, unpaid wages, and taxes, within three to five years. Unsecured debts like credit card debts and medical bills may be partially paid over time.
2. They will see to it that  you comply with bankruptcy requirementsUnder the law, it is of utmost importance to have all your ducks in a row before you file — and there are quite a few ducks… examples of which are the many pages of forms to fill out and supporting documentation that you must gather and organize before you are ready to file. Bankruptcy cases may be dismissed without discharging your debts if you do not comply with bankruptcy requirements for filing, providing documents, or other administrative matters.
   Following are the requirements you must comply with :
   • Complete the mandatory pre-filing credit counseling class within the 180 days before your bankruptcy filing.
   • File the required bankruptcy forms detailing all of your current debts, assets, income, and expenses, as well as your plans regarding loans that are secured by collateral (such as car loans).
   • Pay court fees such as the filing fee, administrative fee, and in Chapter 7 cases, the trustee surcharge.
   • Attend the 341 meeting where the bankruptcy court trustee, as well as your creditors, will ask you questions about the information you provided in your forms.
   • Make timely payments on your Chapter 13 repayment plan.
   • Follow orders of the court.
3. They may help you protect your property.Some property is protected by exemptions but our experienced bankruptcy attorneys are committed to making sure you take all you are entitled to, that there will be little or no loss of non-exempt property, and will help you avoid unexpected losses.
4. They will make sure that tax refunds and other monies due are in order.It is important to list all receivables,  or money due to you, as property in your bankruptcy forms and to file your bankruptcy at the right time. Otherwise, you could lose out on proceeds of lawsuits, upcoming tax refunds, inheritance or life insurance proceeds, bonuses, and sales commissions.
5. They will help you deal with credit cards and loans.Our helpful bankruptcy attorneys may be able to guide you on how to deal with your credit card debts and payday loans. They will explain to you how these are dealt with in a bankruptcy filing and how your credit rating will be affected by the bankruptcy itself.   Your Northwest Debt Relief Law Firm’s Seattle bankruptcy attorneys will strive to have your credit restored in no time.
6. They will deal with foreclosures and repossessions.Our practical Seattle bankruptcy attorneys understand how valuable your house, vehicles, and personal property are to you. Thus, it is in no uncertain terms that they will work hard to make sure there are ways to prevent foreclosure and repossession of your most treasured possessions.
7. They will also take care of situations that may affect your family.Our understanding Seattle bankruptcy attorneys will find the best ways to handle your debts if you are going through a tough time such as divorce proceedings. They will leave no stone unturned to make sure that the bankruptcy process will go as smoothly as possible, with minimal effect on your family, children, and your inheritance.
8. They will help you take care of how you can settle your debts.A good Seattle bankruptcy attorney will look at the type of debts you have that are eligible for discharge and find out how to handle any remaining debt. Our hardworking bankruptcy attorneys at Northwest Debt Relief Law Firm will gladly assist you in settling and negotiating debts and guide you on how you may avoid being in the red again in the future. They may teach you how to set up budgets, the best way to prioritize your expenses, as well as how to cut spending where possible.
9. They will make sure you exercise fair judgment in paying off your debts.Our Seattle bankruptcy attorneys will see to it that you settle your debts with each of your creditors fairly before filing for bankruptcy. Paying off certain creditors, such as friends or family, larger amounts constitutes a preferential transfer and is prohibited by law. Your bankruptcy trustee may sue you and recover the money that should have been distributed evenly among all creditors.
10. They will provide free consultations

Contact a Seattle Bankruptcy Attorney Today
Our friendly Seattle bankruptcy attorneys at Northwest Debt Relief Law Firm are willing to answer your questions and examine your case in order to cope up with viable solutions to your financial situation.
Get in touch with us at Northwest Debt Relief Law Firm for a free initial consultation and let us help you rebuild a more secure financial future.

The post What Can Bankruptcy Attorneys Do For Me? appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.

As the new year has begun, it is time to look at the bankruptcy filing statistics from the first part of 2019 as compared to the first part of 2018. This fact will dictate where we may be heading for the rest of 2019. As expected, total bankruptcy filings in January 2019 increased 5 percent+ Read More
The post Bankruptcy Filings Are Up In 2019 appeared first on David M. Siegel.

If you’ve fallen behind on a private student loan, the possibility of being sued can be terrifying. Every knock at the door causes anxiety, causing you to wonder whether you’re being dragged into court.
It’s natural to fear a private student loan lawsuit. The court system can be confusing, with exacting procedural rules and severe penalties for stepping over the line. Losing a lawsuit involves the prospect of wage garnishments, bank account levies, and additional costs that can wreck you financially.
The system is designed to scare you – and it succeeds. In spite of that fact, there’s good news to be had.
Private student loans have a limited time to sue you.
When it comes to federal student loans, you can be subjected to legal proceedings until the loan is satisfied – or until you die. Not only can the government file a lawsuit against you, but also to take administrative steps to force you to pay without using the court system.
Private student loans, however, aren’t covered by federal student loan laws. The only way you can be forced to pay a defaulted private student loan is through the lender’s use of the court system. The lender can’t use administrative wage garnishment, tax refund offset, or Social Security offset to force you to pay the debt.
More important is that the lender is subject to a strict time limit called a statute of limitations – during which they can use the court system to force you to pay. If the student loan company doesn’t file a lawsuit within the time specified by law, they can never force you to pay the debt.
Understanding the statute of limitations may make the difference between payment and getting off free and clear.
Here’s the rule on the statute of limitations for people who live in California.
What is California’s statute of limitations?
For written contracts such as private student loans, California law sets a statute of limitations of four (4) years from the date the claim accrues.
The claim accrues when the contract for payment is breached – in other words, once the first payment is not made under the contract.
If the promissory note is a negotiable instrument, however, the law sets the statute of limitations at six years of each individual payment due date. Once the loan is in default and the entire balance is accelerated, a new six-year statute of limitations takes over.
This means each monthly payment represents a new beginning to the six-year clock. If you’ve got a 30 year Note, theoretically the lender may be able to sue you for 36 years (for at least the last payment due, that is).
The saving grace, however, is in the acceleration portion of the law. If the private student loan lender calls the entire debt due, they get six years from that date as the applicable statute of limitations.
Does the California statute of limitations apply?
California courts consider the statute of limitations to be a procedural matter, so California law will typically apply.
An exception is when the promissory note applies a different state’s statute of limitations; in that case, the court will apply the other state’s law if it is shorter.
In this way, the courts recognize the need to protect their state’s citizens from overreaching lenders.
Beware actions that may pause the statute of limitations
You may think you’re home free when it comes to a lawsuit only to find that the statute of limitations hasn’t expired. In fact, specific actions may pause the clock and extend the time for a private student loan holder to sue you; this is known as “tolling” the statute of limitations.
Under California law, the statute of limitations may toll under certain conditions:

• when you are out of state;
• when you are in bankruptcy and the automatic stay is in effect;
• during periods of incompetence due to mental or physical reasons;
• if you die with less than six months left on the statute of limitations, it will be extended for six months after your death;
• if you die with more than six months left on the statute of limitations, it will be extended for one year after your death;
• if you are in jail, it is extended for two years or until you’re released, whichever comes first;
• if you are in the military, the statute of limitations pauses until you are no longer serving – even if you are serving during peacetime or as a career.

Resetting or reviving the statute of limitations
Debt collectors will call or send notices about old private student loans, some of which are close to or beyond the statute of limitations. It’s easy to get tripped up and make the mistake of extending, or even reviving, the statute of limitations.
Specific actions may reset or revive the statute of limitations, giving the private student loan holder additional time to file a lawsuit. This is one of those situations when you need to be very careful about the words and actions you take when dealing with collectors.
A statute of limitations may be extended or revived when you:

• acknowledge the debt in writing; or
• make a payment; or
• agree in writing to a new repayment schedule.

To prevent one of these “zombie debt” situations, make sure to double-check your records and your credit report before talking to a collector about an old private student loan.

What if a collector sues after the statute of limitations expires?
Collectors will usually disappear once the statute of limitations expires. Though you may get a collection letter, it should have a clear statement that the creditor is barred from suing you in court due to expiration of the statute of limitations.
From time to time, however, a creditor files a lawsuit on a time-barred private student loan. Maybe this is due to poor record-keeping, accounting errors, or just sneakiness; regardless, ignoring the problem will still lead to a default judgment.
California law prohibits creditors from starting a lawsuit, arbitration, or other legal proceeding to collect a debt after expiration of the statute of limitations. Though the law prohibits filing suit on an expired debt, you should respond to the lawsuit or the judge won’t realize the issue exists.
Once the lawsuit has been dismissed, you may be able to sue the collector under state and federal collection laws.
Private student loans don’t live forever, but you need to remain vigilant.
The statute of limitations on private student loans protects you against a lifetime of collection. But the many exceptions and loopholes can make it challenging to figure out when the debt becomes unenforceable.
That’s why it’s essential to monitor your accounts, double-check your dates, and maintain records about your loan.
Be careful about what you say and do when a collector contacts you about a defaulted account.
Never ignore court documents, or you may surrender your legal rights.
If in doubt, talk with a lawyer.

@media only screen and (max-width:800px) {.fusion-title.fusion-title-1{margin-top:2%!important;margin-bottom:2%!important;}}Where Can I Find the Law?Lawyers, accountants and financial professionals appreciate being able to find the laws that apply to this subject. Even if you’re not a legal or financial professional, you may be the sort of person who likes to wade through this sort of information. Either way – enjoy!
Statute of Limitations

• California Code of Civil Procedure § 337: Four-year statute of limitations
• California Commercial Code § 3118: Negotiable Instruments

Tolling the Statute of Limitations

• California Code of Civil Procedure § 351
• California Code of Civil Procedure § 352.1
• California Code of Civil Procedure § 356
• California Code of Civil Procedure § 366.1
• California Code of Civil Procedure § 366.2

Extending or Reviving the Statute of Limitations

• California Code of Civil Procedure § 360
• California Code of Civil Procedure § 360.5

Prohibition on Filing Time-Barred Cases

• California Code of Civil Procedure § 337
• Assembly Bill 1526 as enacted

I’m Jay Fleischman – I wrote this for you.
I’ve been a lawyer protecting people against lenders and collectors for over 24 years. When it comes to student loan law, no attorney has more experience than I do – period.
I’ve helped thousands of federal and private student loan borrowers lower their payments, negotiate settlements, get out of default and qualify for loan forgiveness programs. My practice includes defending student loan lawsuits filed by companies such as Navient and National Collegiate Student Loan Trust. In addition, I’ve represented thousands of individuals and families in Chapter 7 and Chapter 13 bankruptcy cases. I currently focus my law practice solely on student loan issues.
I played a central role in developing the Student Loan Law Workshop, where I personally helped teach over 350 lawyers how to help people with student loan problems. I’ve spoken at events held by the National Association of Consumer Bankruptcy Attorneys, National Association of Consumer Advocates, and bar associations around the country. National news outlets regularly look to me for my insights on student loans and consumer debt issues.
I’m licensed to practice law in New York and California and advise borrowers nationwide. And in case you were wondering – every single word on this page was written by me, and I personally stand behind it.

@media only screen and (max-width:800px) {.fusion-title.fusion-title-2{margin-top:2%!important;margin-bottom:2%!important;}}I’m Jay Fleischman – I wrote this for you.I’ve been a lawyer protecting people against lenders and collectors for over 24 years. When it comes to student loan law, no attorney has more experience than I do – period.
I’ve helped thousands of federal and private student loan borrowers lower their payments, negotiate settlements, get out of default and qualify for loan forgiveness programs. My practice includes defending student loan lawsuits filed by companies such as Navient and National Collegiate Student Loan Trust. In addition, I’ve represented thousands of individuals and families in Chapter 7 and Chapter 13 bankruptcy cases. I currently focus my law practice solely on student loan issues.
I played a central role in developing the Student Loan Law Workshop, where I personally helped teach over 350 lawyers how to help people with student loan problems. I’ve spoken at events held by the National Association of Consumer Bankruptcy Attorneys, National Association of Consumer Advocates, and bar associations around the country. National news outlets regularly look to me for my insights on student loans and consumer debt issues.
I’m licensed to practice law in New York and California and advise borrowers nationwide. And in case you were wondering – every single word on this page was written by me, and I personally stand behind it.

The post How Long Can You Be Sued On A Private Student Loan In California? appeared first on Shaev & Fleischman P.C..

By Winnie Hu

It is not enough that a subway fare increase could soon make traveling underground in New York City more expensive. The cost of getting around above ground is going up, too.
An extra $2.50 fee will be tacked onto any yellow taxi rides in Manhattan that begin, end or pass through south of 96th street, and an extra $2.75 fee will be added for other for-hire vehicles, including Ubers and Lyfts — all before the car even starts.
The new ride fees were supposed to start Jan. 1, and are intended to raise more than $1 million a day to help fix the city’s broken subway system. New York is following a growing number of states and cities, including Chicago and Seattle, that have adopted similar per-ride fees in recent years to pay for public transportation and other services.
In New York, the new ride fees had been temporarily blocked at the last minute by a lawsuit filed by a coalition of taxi owners and drivers who called it a “suicide surcharge” that would drive away customers and devastate an industry already crumbling under financial pressures.
Judge Lynn R. Kotler of State Supreme Court disagreed, ruling Thursday that the new ride fees could proceed, noting that the taxi coalition had not “demonstrated irreparable injury.” But she did deny a motion from the state to dismiss the lawsuit, saying that the coalition’s arguments merited moving the case forward.
The $2.50 fee will raise the minimum taxi fare to $5.80 in Manhattan.
Governor Andrew M. Cuomo’s office would not say when the fees would start.
The new ride fees are seen as the first step in passing a comprehensive congestion pricing plan for Manhattan that would charge all vehicles a fee to drive in the busiest neighborhoods and help reduce gridlock. The fees were approved last year by the State Legislature and also included a 75-cents fee for shared car-pool services.
The taxi coalition argued in its lawsuit that the fees would “drive the final nail in the proverbial coffin by making medallion taxicab rides so financially unattractive to consumers that the industry is sure to collapse in its entirety.”
But lawyers for the state attorney general’s office countered that the lawsuit hurt city transit riders, and that every day the new fees went uncollected meant less money for the Metropolitan Transportation Authority, which operates the subways.
Patrick Muncie, a spokesman for Mr. Cuomo, said the decision was “a positive step in our efforts to find a dedicated revenue stream for our subways and buses, as well as easing congestion in Manhattan’s central business district.”
But taxi owners and drivers criticized the judge’s decision, saying it would only add to their problems. Many are already struggling with enormous debt as the value of their taxi medallions — the aluminum plate that once sold for more than $1 million — has plummeted. Three taxi owners and five other professional drivers have committed suicide over the last year.
“It’s a big problem — that means people will not ride in taxis anymore,” said Mahmud Hossain, 54, a yellow taxi owner and driver from Astoria, Queens. “It’s very hard.”
Mr. Hossain said that he typically takes home $70 or less after a 12-hour shift, or about half of what he used to make five years ago before ride-hailing apps started taking away customers. He worries that he will take home even less now.
Bhairavi Desai, the executive director of the New York Taxi Workers Alliance, said taxi drivers would feel the effect right away from the new fee. “Their income will drop immediately and force them to delay decisions over food and medicine,” she said.
Ms. Desai called on the governor to hold off collecting the new fee while the lawsuit continues and said her group would lobby state legislators to pass an exemption for taxis from the new fee.“Implementing the surcharge while the lawsuit continues could put the industry in the predicament of figuring out how to refund passengers, even those who paid with cash, should the drivers ultimately win the case,” she said.
With the new $2.75 fee, the cost for Uber, which has an $8 base fare in Manhattan, will also rise to a minimum of $10.75. But Uber and two other ride-app services, Lyft and Via, have supported the fees as a step toward addressing congestion and transit challenges in the city.
The taxi lawsuit had argued that taxis should not be charged a “congestion tax” because their number has been capped by city law at 13,587 “to prevent an overabundance of cars and congestion,” even as Uber and other ride-app services were allowed to expand exponentially. In August, the city declared a one-year moratorium on new vehicle licenses for Uber, Lyft and other ride-app services.
Mayor Bill de Blasio has supported the new taxi fee, but Meera Joshi, the commissioner of the New York City Taxi and Limousine Commission, has said it would be “potentially devastating” for the taxi industry.
David Graves, 60, a taxi driver for almost two decades, said he was frustrated that the city had created the congestion problem and was now trying to address it by turning taxis into “unpaid tax collectors for the M.T.A.”
“This is my future, this is the future of the New York City taxi,” he added.
Copyright 2019 The New York Times Company.  All rights reserved.