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Scammers are targeting bankruptcy filers throughout the country by posing as attorneys or law office staff and telling them to immediately wire money to pay a debt.
Don’t fall for it. One of the best ways to avoid a scam is to stop the caller and make a direct call to the supposed person or company. For example, if they say it’s your attorney’s office, stop and YOU PLACE THE CALL DIRECTLY TO THE OFFICE. You know you’ll be dealing with the real person or office, instead of a phony. Don’t be hurried by the caller. Situations of this type do not call for immediate action and can wait a day or a weekend if necessary.
Here’s the bulletin issued by the bankruptcy court serving northern Virginia (with information applicable to all jurisdictions):
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF VIRGNIA
CONSUMER ADVISORYALERT
Phone Scammers Target Bankruptcy Filers in Virginia and Other States
A sophisticated phone scam is targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to coerce intended victims to wire money to the scammers immediately to satisfy a debt.
An article published October 20, 2015, has been placed on the internet uscourts.gov web site, under Judiciary News, which reads, as follows:
Phone scammers are targeting bankruptcy filers in several states,
using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy a debt.
The National Association of Consumer Bankruptcy Attorneys issued a warning that “Under no circumstances would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.”
Bankruptcy filers in Vermont and Virginia reportedly have received calls. Vermont’s Attorney General says scammers use software to “spoof” the Caller ID system so the call appears to be originating from the phone line of the consumer’s bankruptcy attorney.
Typically the calls come late in the evening or during non-business hours to make it difficult for intended victims to verify the call by contacting their attorney.
Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller.
Date: November 2, 2015
William C. Redden
Clerk of Court, US Bankruptcy Court
Eastern District of Virginia
Alexandria Division
Scammers are targeting bankruptcy filers throughout the country by posing as attorneys or law office staff and telling them to immediately wire money to pay a debt.
Don’t fall for it. One of the best ways to avoid a scam is to stop the caller and make a direct call to the supposed person or company. For example, if they say it’s your attorney’s office, stop and YOU PLACE THE CALL DIRECTLY TO THE OFFICE. You know you’ll be dealing with the real person or office, instead of a phony. Don’t be hurried by the caller. Situations of this type do not call for immediate action and can wait a day or a weekend if necessary.
Here’s the bulletin issued by the bankruptcy court serving northern Virginia (with information applicable to all jurisdictions):
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF VIRGNIA
CONSUMER ADVISORYALERT
Phone Scammers Target Bankruptcy Filers in Virginia and Other States
A sophisticated phone scam is targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to coerce intended victims to wire money to the scammers immediately to satisfy a debt.
An article published October 20, 2015, has been placed on the internet uscourts.gov web site, under Judiciary News, which reads, as follows:
Phone scammers are targeting bankruptcy filers in several states,
using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy a debt.
The National Association of Consumer Bankruptcy Attorneys issued a warning that “Under no circumstances would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.”
Bankruptcy filers in Vermont and Virginia reportedly have received calls. Vermont’s Attorney General says scammers use software to “spoof” the Caller ID system so the call appears to be originating from the phone line of the consumer’s bankruptcy attorney.
Typically the calls come late in the evening or during non-business hours to make it difficult for intended victims to verify the call by contacting their attorney.
Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller.
Date: November 2, 2015
William C. Redden
Clerk of Court, US Bankruptcy Court
Eastern District of Virginia
Alexandria Division
Scammers are targeting bankruptcy filers throughout the country by posing as attorneys or law office staff and telling them to immediately wire money to pay a debt.
Don’t fall for it. One of the best ways to avoid a scam is to stop the caller and make a direct call to the supposed person or company. For example, if they say it’s your attorney’s office, stop and YOU PLACE THE CALL DIRECTLY TO THE OFFICE. You know you’ll be dealing with the real person or office, instead of a phony. Don’t be hurried by the caller. Situations of this type do not call for immediate action and can wait a day or a weekend if necessary.
Here’s the bulletin issued by the bankruptcy court serving northern Virginia (with information applicable to all jurisdictions):
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF VIRGNIA
CONSUMER ADVISORYALERT
Phone Scammers Target Bankruptcy Filers in Virginia and Other States
A sophisticated phone scam is targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to coerce intended victims to wire money to the scammers immediately to satisfy a debt.
An article published October 20, 2015, has been placed on the internet uscourts.gov web site, under Judiciary News, which reads, as follows:
Phone scammers are targeting bankruptcy filers in several states,
using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy a debt.
The National Association of Consumer Bankruptcy Attorneys issued a warning that “Under no circumstances would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.”
Bankruptcy filers in Vermont and Virginia reportedly have received calls. Vermont’s Attorney General says scammers use software to “spoof” the Caller ID system so the call appears to be originating from the phone line of the consumer’s bankruptcy attorney.
Typically the calls come late in the evening or during non-business hours to make it difficult for intended victims to verify the call by contacting their attorney.
Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller.
Date: November 2, 2015
William C. Redden
Clerk of Court, US Bankruptcy Court
Eastern District of Virginia
Alexandria Division
The bills are piling up. You know it is time to do something. Should you file Walworth County bankruptcy or should you try credit consolidation? This is a common question. We’ve detailed some major points below.
Which Will Allow Me to Receive a New Loan Faster, Walworth County Bankruptcy or Credit Consolidation?
When you file a Chapter 7 Walworth County bankruptcy, you wipe out all unsecured debt. The bankruptcy filing notation remains on your credit report for ten years. This can possibly make it more difficult for you to receive a new line of credit with a financial institution. However, you will qualify for a home loan in two to three years. Credit consolidation means that you will consolidate all of your bills and then pay one monthly payment amount toward the total debt owed. This payment period can last anywhere between three to five years, depending on your amount of debt. Most financial institutions will not extend a new line of credit until your payment period has ended and you have establish some new, positive credit. This usually takes anywhere from four to six years.
Which Is a More Fail-Safe Plan, Filing a Walworth County Bankruptcy or Credit Consolidation?
It is imperative to note that most credit consolidation plans fail. According to the NFCC, 47% of enrollees drop out.
It is important to remember that when you file a Chapter 7 Walworth County bankruptcy, all unsecured debts will be eliminated if you receive a discharge. Unsecured debts include: credit cards, personal loans, payday loans, utility bills, and medical bills. As a condition of your Chapter 7 Walworth County bankruptcy filing, you are required to complete credit counseling which can be done online, telephonically or in person. Bankruptcy credit counseling will give you a head start on rebuilding your credit and is a proactive approach to not ending up in debt, again.
Advantages to Filing a Chapter 7 Walworth County Bankruptcy vs Credit Consolidation
Another positive note to filing a Chapter 7 Walworth County bankruptcy is the fact that you can start rebuilding your credit soon after you file. For instance, instead of paying cash for groceries, you would use a credit card and then put the cash you had saved for groceries toward the bill. Most credit card companies will give you a card after bankruptcy though many will hold high interest rates. However, if you pay off the balances used right away, you won’t see those high interest rates and you will be rebuilding your credit in the process. (This is just one example of a way to rebuild credit.)
One of the biggest advantages to filing a Chapter 7 Walworth County bankruptcy is that not only do you get to keep your home and vehicles (in most cases), but you also will qualify for a home mortgage only two to three years after filing. This is great news for families who haven’t purchased their first home yet and for families who need to relocate. This is a far shorter time frame than the four to six years after staring a credit consolidation program.
Contact our Chapter 7 Walworth County Bankruptcy Attorney
If you have an endless pile of debt and know you need help, schedule a free bankruptcy consultation with our Chapter 7 Walworth County bankruptcy attorney. We will be more than happy to answer all of your questions and ease all of your concerns regarding bankruptcy. You can contact our Chapter 7 Walworth County bankruptcy office by phone at 262-725-0175 or by email via our website’s contact page. Wynn at Law, LLC has Chapter 7 bankruptcy offices located in Salem, Muskego, Delavan, and Lake Geneva, Wisconsin.
Find out if you qualify for bankruptcy.
Click Here to Get a Free Bankruptcy Assessment
from Wynn at Law, LLC
.
It’s Free. It’s Easy.
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
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4478 ����������� ������������ ����������������, ���� 95677 f1c682f8b542ed68fd8e6d2a81821b92 ylee's Law. The petition has garnered nearly 1.3 million signatures to date.The quick response by so many state legislatures to write versions of the law has drawn criticism."Caylee's Law is a legislative reaction to the public's frustration with the Casey Anthony verdict," said Pace (NY) Law School professor Leslie Garfield, a graduate of UF's Levin College of Law. "Legislators in our country have a history of proposing laws that are reactionary to public outcry following perceived injustice to children."Hager doesn't shy away from that sentiment, but said that doesn't mean the law doesn't have merit."My bill was, in fact, a response to a high-profile crime," Hager said. "And No. 2, this alleged crime occurred in 2008, so my arithmetic suggests that three years is not a knee-jerk response. This is going through a formal process, like every bill goes through."In November a Senate Select Committee on Protecting Florida's Children which was formed in response to A Jordan E. Bublick - Miami Bankruptcy Lawyer - Kendall & Aventura Offices - (305) 891-4055 - www.bublicklaw.com
On September 4, 2014, the United States Court of Appeals for the 11th Circuit Court of Appeals addressed the "party aggrieved" doctrine in the case of Benjamin Atkinson v. Ernie Haire Ford, Inc. (In Re: Ernie Ford, Inc.), 2014 WL 4358417.
Party Aggrieved Requirement
The Court explained that, as bankruptcy cases often involve numerous creditors who are dissatisfied with any compromise that jeopardizes the full payment of their outstanding claims against the bankrupt, that "special rules have been developed to govern which parties my appeal a bankruptcy court order. The Court reviewed that courts continue to apply this rule, which was codified in the 1898 Bankruptcy Act, that only a "person aggrieved" can appeal a bankruptcy court order.
Definition of a Party Aggrieved
The Court cited its previous holding in the case of In re Westwood Cmty. Two Ass'n v. Barbee (In re Westwood Cmty. Two Ass'n) 293 F.3d 1332 (11th Cir. 2002) which defined a party aggrieved as those individuals that are "directly, adversely, and pecuniarily, affect[ed]" by a bankruptcy court's order." This case further explained that "[a]n order will directly, adversely, and pecuniarily affect a person if that order diminishes their property, increases their burdens, or impairs their rights."
Bankruptcy Code Interests
The Court further held that it agreed with other circuit courts which have held that a person is not "aggrieved" when the interests harmed by the court order are "not the interests that the Bankruptcy Code seeks to protect or regulate." The Court cited another case which states that this doctrine was developed to limit appeals of bankruptcy court to avoid "endless appeals brought by the myriad of parties who are indirectly affected by every bankruptcy court order." It explained that the purpose of this doctrine was to ensure that the goals of bankruptcy are not derailed by a flood of appeals" by those parties "who do not suffer a direct harm to interests the Bankruptcy Code seeks to protect or regulate." It further stated that the allowance of appeals from parties who have suffered "only an indirect harm or who hold interests outside of the scope of the Bankruptcy Code would defeat the very purpose underlying our person aggrieved standard."
Further References
The Court in In re Randy L. Jones, Case 09-11551-MGW (Bankr. M.D. Florida 2013) (Williamson, J), applied the party aggrieved doctrine in a chapter 13 case to avoid the Chapter 13 trustee's objections to an attorney fee settlement as the unsecured creditors were being paid 100%.
A lengthy law review article published in 2010 on the party aggrieved doctrine is available entitled "Non-Pecuniary Interests and the Injudicious Limits of Appellate Standing in Bankruptcy" by S. Todd Brown.
Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
On September 4, 2014, the United States Court of Appeals for the 11th Circuit Court of Appeals addressed the "party aggrieved" doctrine in the case of Benjamin Atkinson v. Ernie Haire Ford, Inc. (In Re: Ernie Ford, Inc.), 2014 WL 4358417.
Party Aggrieved Requirement
The Court explained that, as bankruptcy cases often involve numerous creditors who are dissatisfied with any compromise that jeopardizes the full payment of their outstanding claims against the bankrupt, that "special rules have been developed to govern which parties my appeal a bankruptcy court order. The Court reviewed that courts continue to apply this rule, which was codified in the 1898 Bankruptcy Act, that only a "person aggrieved" can appeal a bankruptcy court order.
Definition of a Party Aggrieved
The Court cited its previous holding in the case of In re Westwood Cmty. Two Ass'n v. Barbee (In re Westwood Cmty. Two Ass'n) 293 F.3d 1332 (11th Cir. 2002) which defined a party aggrieved as those individuals that are "directly, adversely, and pecuniarily, affect[ed]" by a bankruptcy court's order." This case further explained that "[a]n order will directly, adversely, and pecuniarily affect a person if that order diminishes their property, increases their burdens, or impairs their rights."
Bankruptcy Code Interests
The Court further held that it agreed with other circuit courts which have held that a person is not "aggrieved" when the interests harmed by the court order are "not the interests that the Bankruptcy Code seeks to protect or regulate." The Court cited another case which states that this doctrine was developed to limit appeals of bankruptcy court to avoid "endless appeals brought by the myriad of parties who are indirectly affected by every bankruptcy court order." It explained that the purpose of this doctrine was to ensure that the goals of bankruptcy are not derailed by a flood of appeals" by those parties "who do not suffer a direct harm to interests the Bankruptcy Code seeks to protect or regulate." It further stated that the allowance of appeals from parties who have suffered "only an indirect harm or who hold interests outside of the scope of the Bankruptcy Code would defeat the very purpose underlying our person aggrieved standard."
Further References
The Court in In re Randy L. Jones, Case 09-11551-MGW (Bankr. M.D. Florida 2013) (Williamson, J), applied the party aggrieved doctrine in a chapter 13 case to avoid the Chapter 13 trustee's objections to an attorney fee settlement as the unsecured creditors were being paid 100%.
A lengthy law review article published in 2010 on the party aggrieved doctrine is available entitled "Non-Pecuniary Interests and the Injudicious Limits of Appellate Standing in Bankruptcy" by S. Todd Brown.
Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
Chapter 13 Bankruptcy: The Basic Steps Chapter 13 bankruptcy: the basics. If you are considering bankruptcy as a solution for your financial troubles, you may be wondering if there is an option which would allow you to be able to keep your assets and still be able to pay back debt and receive a discharge […]
The post Chapter 13 Bankruptcy: The Basics appeared first on Tucson Bankruptcy Attorney.
You want to look at your credit report a few times a year, just to be sure there are no shenanigans. The problem is in determining what is a credit report.
The Consumer Report – What It Is, And What It Is Not
The Fair Credit Reporting Act does not define a credit report. Rather, it uses the term “consumer report” because the law applies only to consumers. That’s not to say that it excludes business debt, merely that only natural human beings are covered here.
15 USC 1681a(d)(1) says that a “consumer report” is:
any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for—
- credit or insurance to be used primarily for personal, family, or household purposes;
- employment purposes; or
- any other purpose authorized as a permissible purpose under the Fair Credit Reporting Act.
Excluded from the definition of a consumer report are the following:
- any report containing information solely as to transactions or experiences between the consumer and the person making the report;
- communication of that information among persons related by common ownership or affiliated by corporate control;
- communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons;
- any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
- any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title;
- communications made to a prospective employer for the purpose of procuring an employee for the employer; or
- communications made to a prospective employer for the purpose of procuring an opportunity for a natural person to work for the employer.
Your Credit Report Is Not Your File
The credit reporting agency has a thick file on you (on me as well, so don’t get paranoid). That file contains all of the information held about you by the credit reporting agency. The credit report, however, is the information contained within that file that is sent to someone else.
You have the ability to get a copy of the entire file merely by requesting it from the credit reporting agency. There’s no fancy form to fill out, though you will need to make sure that you’re sending the request to the right place (in case it gets lost in the shuffle).
Your Credit Report Must Come From A Credit Reporting Agency
If your brother takes all of your financial records and turns the information into a spreadsheet, that’s not a credit report. Why? Because a credit report is a communication of certain information by a credit reporting agency. And a credit reporting agency is a person or business that collects this sort of information specifically for the purpose of providing consumer reports. So unless your brother goes around doing this sort of thing as a business, that spreadsheet doesn’t fit the bill.
The post What Is a Credit Report? appeared first on Shaev & Fleischman LLP.
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Learn more about how Bankruptcy works and what you need to know.