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So you were in the marijuana business or worked in it and things didn’t work out. Now you are thinking about filing bankruptcy and wonder what effect, if any, your former business or employer is going to have on you. As bizarre as it might sound to anyone living in Portland or Salem where dispensaries have become about as ubiquitous as gas stations, this can be a real problem.
It is the policy of the United States Trustee Program that United States Trustees shall
move to dismiss or object in all cases involving marijuana assets on grounds that such assets may not be administered under the Bankruptcy Code even if trustees or other parties object on the same or different grounds. There is no distinction made between states where marijuana is legal and less evolved states where it is not.
With respect to Chapter 13 bankruptcy, it seems pretty clear that no debtor is going to be able to fund a Chapter 13 Plan with any income that is even tangentially related to marijuana. After all, in one Oregon bankruptcy case, a debtor who owned a medical marijuana business filed for chapter 13 protection, but the plan was denied when the U.S. trustee objected to his case due to the fact that income received from the debtor to support the plan payments was partially derived from Federally illegal activity.
In a recent Colorado case, the U.S. Trustee successfully objected where a debtor derived 25% of his income from renting out space to a grower. The debtors bankruptcy was dismissed as the debtor was found to have “unclean hands.”
With respect to Chapter 7 bankruptcy, it seems pretty clear that the U.S. Trustee is going to take a hard line with respect to debtors with any assets that stem(pun intended) from the marijuana business. For our part, we would encourage any debtor currently employed in any marijuana related business to find work elsewhere prior to filing. Moreover, debtors in possession(pun intended) of grow equipment or any other property used in the marijuana business would do well to eliminate that property prior to filing.
If you are or were in the marijuana business or somehow profited from it even tangentially, it’s critical that you consult with a Portland or Salem bankruptcy attorney about how to put yourself in a position to seek relief under the bankruptcy code.
The post Oregon, Bankruptcy and Marijuana appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
So you were in the marijuana business or worked in it and things didn’t work out. Now you are thinking about filing bankruptcy and wonder what effect, if any, your former business or employer is going to have on you. As bizarre as it might sound to anyone living in Portland or Salem where dispensaries have become about as ubiquitous as gas stations, this can be a real problem.
It is the policy of the United States Trustee Program that United States Trustees shall
move to dismiss or object in all cases involving marijuana assets on grounds that such assets may not be administered under the Bankruptcy Code even if trustees or other parties object on the same or different grounds. There is no distinction made between states where marijuana is legal and less evolved states where it is not.
With respect to Chapter 13 bankruptcy, it seems pretty clear that no debtor is going to be able to fund a Chapter 13 Plan with any income that is even tangentially related to marijuana. After all, in one Oregon bankruptcy case, a debtor who owned a medical marijuana business filed for chapter 13 protection, but the plan was denied when the U.S. trustee objected to his case due to the fact that income received from the debtor to support the plan payments was partially derived from Federally illegal activity.
In a recent Colorado case, the U.S. Trustee successfully objected where a debtor derived 25% of his income from renting out space to a grower. The debtors bankruptcy was dismissed as the debtor was found to have “unclean hands.”
With respect to Chapter 7 bankruptcy, it seems pretty clear that the U.S. Trustee is going to take a hard line with respect to debtors with any assets that stem(pun intended) from the marijuana business. For our part, we would encourage any debtor currently employed in any marijuana related business to find work elsewhere prior to filing. Moreover, debtors in possession(pun intended) of grow equipment or any other property used in the marijuana business would do well to eliminate that property prior to filing.
If you are or were in the marijuana business or somehow profited from it even tangentially, it’s critical that you consult with a Portland or Salem bankruptcy attorney about how to put yourself in a position to seek relief under the bankruptcy code.
The post Oregon, Bankruptcy and Marijuana appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Higher education is a critical investment for the future, and it has become
a commodity younger generations, as well as older generations looking
to start new careers, are required to have by more and more companies
when beginning their careers. Unfortunately, it doesn’t come cheap.
With rising tuition costs at both public and private institutions, in addition
to ancillary costs for books, room, and board, many American students
have turned to student loans in order to fund their education. While student
loans can be a sound and reasonable investment for one’s future,
they can also become a cumbersome debt that looms large over many individuals
for years to come. This is especially true when students accumulate large
student debt loads, and have difficulties finding employment or jobs that
pay them enough to pay down their debt.
If you have student loan debt and are considering
bankruptcy, you are certainly not alone. Student loan debt now exceeds credit card
debt as Americans ‘largest financial obligations, and the problem
has become one economists suggest could trigger the next bubble. As such,
legislators and advocates are constantly pursuing ways to deal with the
crisis, including gaining control of rising tuition and providing better
subsidies and scholarship opportunities to students. While many lawmakers
are also exploring ways to make student loan debt dischargeable, or to
allow for debt relief to those who carry burdensome student debt loads,
student loan debt still generally remains a non-dischargeable debt in
bankruptcy.
While student loan debt may not be wiped away by bankruptcy, at least for
now, it does not mean that bankruptcy is not a viable solution for debt
relief and financial improvement. Having working with numerous clients
across the Dallas – Fort Worth area who struggled with student loan
debt, in addition to other financial concerns, our bankruptcy lawyers
at Allmand Law Firm, PLLC know how to help address the unique issues involved
and guide clients throughout the bankruptcy process.
If you think you have a shot at discharging your student debts through
bankruptcy, here’s what you need to know:
- There may be options – Although student debt loans are typically non-dischargeable in
bankruptcy, there has been increasing use of exceptions made by courts.
These are generally reserved for situations where borrowers face undue
hardships to both themselves and any dependents if they are required to
remain on the hook for student loan debt. - Proving hardship – In order to prove undue hardship, courts commonly use a Brunner
test, which involves showing: 1) a minimal standard of living cannot be
maintained when a debtor is forced to repay student loans; 2) there are
additional circumstances that complicate their ability to repay student
loans, and which will likely persist through the repayment period; and
3) the debtor has made attempts in good faith to repay the student debt.
These are merely general facts about pursuing a discharge of student loan
debt, and it must be mentioned that every case is unique. Your particular
situation and the financial circumstances involved will always dictate
your available options and whether you may be entitled to a discharge
of student loan debt.
If you have questions, our legal team at Allmand Law Firm, PLLC is available
to discuss your situation, student loan debt, and how we may be able to
assist you in pursuing bankruptcy or other debt relief options.
Contact us for a FREE financial empowerment session.
The post How to File for Bankruptcy with Student Loans appeared first on Allmand Law.
A little known secret about bankruptcy in Washington is that you can get most of the benefits of a bankruptcy discharge even if your spouse filed and you don’t. This is so because of Section 523(a)(5) of the bankruptcy code, a little known provision that applies to a bankruptcy discharge in a community property state. So the provision is helpful in Washington, but not in Oregon.
Spouses aren’t required to file bankruptcy together. They can file together, but they don’t have to. But even if only one spouse files, all of the community property of the couple is regarded as property of the bankruptcy estate. Of course in Washington, this ultimately rarely matters because the available exemptions which can be used to protect personal or real property are extremely strong.
The upshot is that the community property of the filing and non-filing spouse are at least theoretically at risk in bankruptcy, the reality is that in practice this is almost the case. In fact, if it were the case, you would probably not be filing Chapter 7.
So what happens is that there is a tradeoff: For almost no practical risk during the bankruptcy, you get a big benefit at the end. The community property gets a bankruptcy discharge. What does this mean?
The discharge doesn’t just protect the property that the couple owned when one spouse filed bankruptcy from creditors, it protects all the community property that they acquire in the future. Where this really comes into play is with post-bankruptcy wages.
You would think that if a creditor waited for the filing spouse’s bankruptcy to come to a close, it could then take the judgment that it had against the non-filing spouse and start garnishing away. But it can’t, the wages are community property as long as the filing and non-filing spouse remain married.
This impacts any creditor that had claims against the community property when the bankruptcy was filed. Not just creditors of the debtor, the person who filed bankruptcy. The creditor’s claim could be one against the non-filing spouse, and the discharge protects the non-filer’s community property.
After the bankruptcy discharge for the filing spouse, a creditor of the non-filing spouse can really only enforce its debt against the separate property of the non-filing spouse such as property acquired before marriage, or obtained by gift or inheritance to the non-filing spouse during the marriage.
Now this doesn’t bar a creditor from suing a non-filing spouse after discharge but it does severely limit the assets that can be seized from a non-filing spouse. The upshot is that if you are married and considering filing bankruptcy in the state of Washington and one of you wants to file and the other really doesn’t, the non-filer among you may be safer than you think.
Please feel free to set an appointment at one of our bankruptcy law offices in Portland, Vancouver, Tacoma or Seattle if you have any questions about how you can use the bankruptcy protections for the non-filing spouse to your advantage in Washington. You can see us in Salem and Sandy as well, but I am guessing that if that’s the office that is convenient to you, this community property stuff is probably not-particularly helpful to you. Please also feel free to set a phone or video appointment with me if you have any bankruptcy questions at all.
The post The Phantom Bankruptcy Discharge for the Washington Non-filing Spouse appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
A little known secret about bankruptcy in Washington is that you can get most of the benefits of a bankruptcy discharge even if your spouse filed and you don’t. This is so because of Section 523(a)(5) of the bankruptcy code, a little known provision that applies to a bankruptcy discharge in a community property state. So the provision is helpful in Washington, but not in Oregon.
Spouses aren’t required to file bankruptcy together. They can file together, but they don’t have to. But even if only one spouse files, all of the community property of the couple is regarded as property of the bankruptcy estate. Of course in Washington, this ultimately rarely matters because the available exemptions which can be used to protect personal or real property are extremely strong.
The upshot is that the community property of the filing and non-filing spouse are at least theoretically at risk in bankruptcy, the reality is that in practice this is almost the case. In fact, if it were the case, you would probably not be filing Chapter 7.
So what happens is that there is a tradeoff: For almost no practical risk during the bankruptcy, you get a big benefit at the end. The community property gets a bankruptcy discharge. What does this mean?
The discharge doesn’t just protect the property that the couple owned when one spouse filed bankruptcy from creditors, it protects all the community property that they acquire in the future. Where this really comes into play is with post-bankruptcy wages.
You would think that if a creditor waited for the filing spouse’s bankruptcy to come to a close, it could then take the judgment that it had against the non-filing spouse and start garnishing away. But it can’t, the wages are community property as long as the filing and non-filing spouse remain married.
This impacts any creditor that had claims against the community property when the bankruptcy was filed. Not just creditors of the debtor, the person who filed bankruptcy. The creditor’s claim could be one against the non-filing spouse, and the discharge protects the non-filer’s community property.
After the bankruptcy discharge for the filing spouse, a creditor of the non-filing spouse can really only enforce its debt against the separate property of the non-filing spouse such as property acquired before marriage, or obtained by gift or inheritance to the non-filing spouse during the marriage.
Now this doesn’t bar a creditor from suing a non-filing spouse after discharge but it does severely limit the assets that can be seized from a non-filing spouse. The upshot is that if you are married and considering filing bankruptcy in the state of Washington and one of you wants to file and the other really doesn’t, the non-filer among you may be safer than you think.
Please feel free to set an appointment at one of our bankruptcy law offices in Portland, Vancouver, Tacoma or Seattle if you have any questions about how you can use the bankruptcy protections for the non-filing spouse to your advantage in Washington. You can see us in Salem and Sandy as well, but I am guessing that if that’s the office that is convenient to you, this community property stuff is probably not-particularly helpful to you. Please also feel free to set a phone or video appointment with me if you have any bankruptcy questions at all.
The post The Phantom Bankruptcy Discharge for the Washington Non-filing Spouse appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Federal analysis shows reverse mortgage foreclosures are on the rise.
The problem, say advocates, is that many senior homeowners don’t understand the fine print in a reverse mortgage. Some wrongly assume the lender will pay the taxes and insurance.
But fall behind on those payments or fail to maintain the home, and the lender can foreclose. The surviving spouse is also subject to foreclosure if they were left off the mortgage document.
Legal aid attorney Karen Merrill Tjapkes: “There’s a lot of salesmanship that goes on with reverse mortgages. From where I sit, I don’t think it’s very honest.”
“Seniors are told that they are never going to have to make a payment. And that sounds very good. And then several years down the road, you have a problem.”
In 2016, the U.S. Consumer Financial Protection Bureau fined three firms a total of $790,000 for deceptive advertising: American Advisors Group, Reverse Mortgage Solutions and Aegean Financial, but there are many others preying on seniors.
Salesmen include Former U.S. Sen. Fred Thompson and actors Robert Wagner, James Garner and Tom Selleck, have pitched the merits of a reverse mortgage to those 62 and older in TV ads. What they fail to disclose is that AAG was fined $400,000 in 2016 for misleading advertising about reverse mortgages. According to the CFPB, two DVDs in an information kit included the dialogue, “Can I lose my home?” with the response, “No, you cannot lose your home.” Other problems: CFPB also found heirs have been misled into believing they would inherit the home after the borrower’s death. Heirs can retain ownership only if they repay the reverse mortgage or 95 percent of the home’s assessed value; or falsely saying the reverse mortgage was a federal loan.
Most Seniors can lose their home for failure to pay taxes or insurance.
FHA – says nearly 90,000 reverse mortgages in the U.S. were at least 12 months behind in paying taxes and insurance last year. Nearly 1-in-5 reverse mortgage loans taken out in the U.S. from 2009 to June 2016 are expected to go into default because of unpaid taxes or insurance.
Relief for Seniors?
Effective October 2, 2017 HUD announced new limits on how much equity a senior could draw on under a reverse mortgage. Under the change, an average borrower would be able to borrow 58 percent of the value of their home, down from 64 percent.
In 2013, President Obama signed a law requiring lenders to conduct financial assessments to assure that borrowers have enough money to pay annual tax and insurance costs and help ensure borrowers set aside funds to pay those costs.
In 2015, HUD gave lenders the option of conveying the mortgage to HUD if a surviving spouse is threatened with foreclosure, giving that spouse an opportunity to remain in the home.
Should the loan include only one spouse?
Some lenders have fail to disclose the problems facing the spouse who is not named in the reverse mortgage. Instead, they encourage seniors to name only the oldest homeowner on the mortgage document as a way to qualify for more money. This puts the non-borrowing spouse at risk of losing the house upon the death of the named spouse. 
MORE COVERAGE: Reverse mortgage 101. Know the risks
About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys.
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Nothing on this website should be construed as establishing a lawyer-client relationship between you, me, the author of any page or the website owner (me) who happens to be a lawyer. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Reverse Mortgage Nightmare – Why Seniors Are Losing Their Homes appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Many of the Oregonians who come to us to file bankruptcy have been harassed by debt collectors for year. A significant portion of them are unaware that not only is there a mechanism for stopping many of those debt collectors in their tracks, but there is also a chance for a significant recovery for their troubles.
The Fair Debt Collections Practices Act provides expansive protections to Oregon and Washington consumers with respect to illegal collections actions. I am happy to say that since it was enacted, I have seen a decline in violations among local Oregon and Washington collectors. But then there is the rest of the country.
Unfortunately it is next to impossible to pursue some of the worst violations under the Act because the collector may either not be in the country or the violation might be committed by a couple criminals sitting in a boiler room in New Jersey. The bad news is getting a judgment against people like that it pretty much uncollectible. The good news is these collectors are all talk and don’t have the wherewithal to actually pursue a collection in court.
Violations still take place though and it is important to understand what passes muster under the Act so that collectors can be stopped, violations can be pursued and money damages obtained Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes lawyers who regularly collect debts, collection agencies, lawyers who collect debts and companies that purchase past due debts and then try to collect them. Here are some questions and answers about the Act.
Can a debt collector contact me at will?
No. A debt collector may not contact you at inconvenient times or places. Unless you agree to the contact before eight in the morning or after one at night would violate the Act. Moreover, a collector may not contact you at work once they’re informed that you’re not allowed to take calls there.
Debt collectors can contact you to collect a debt, as long as they heed the rules and disclose that they are debt collectors. It violates the law for a debt collector to pretend to be someone else – like an attorney or government agency – or to harass, threaten or deceive you.
What sorts of debts are covered?
The Act covers personal debts like your credit card, your car loan, a medical bill or your mortgage. The FDCPA doesn’t cover business debts.
How can I stop a debt collector from contacting me?
If you decide after communicating with a debt collector that you don’t want the collector to contact you again, inform the collector in writing to stop contacting you. Write a letter and make a copy of it. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received.
Once the collector receives your letter, they may not contact you again, with two exceptions: First, a collector can contact you to acknowledge that there will be no further contact. Second, the collector may contact you to inform you that they or the creditor intend to take a specific action, like filing complaint. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If a lawyer is representing you regarding the debt, the debt collector must contact the lawyer, rather than you. If you don’t have a lawyer, a collector may contact other people – but only to find out your contact information and where you work.
Collectors usually are barred from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not allowed to discuss your debt with anyone other than you, your spouse or your lawyer.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice must include the name of your creditor, and how to proceed if you don’t think the debt is legitimate.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, the collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can start contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What actions are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
- repeatedly use the phone to annoy you.
- use physical threats;
● use obscenities
- Debt collectors may not lie when they are trying to collect a debt. For example, they may not falsely claim they are with the government or that they are lawyers
● falsely claim that you have committed a crime;
● falsely represent that they work for a credit reporting company;
● misrepresent the amount you owe;
● falsely describe paperwork they send you as legal forms
● give false credit information about you to anyone, including a credit reporting company;
● send you a false official document from a court or government agency
● use a false company name.
● try to collect any charge of any kind on top of the amount you unless the agreement that created your debt or Oregon law allows the charge;
● deposit a post-dated check early;
● take or threaten to take your property unless it can be done legally; or
● contact you by postcard.
Do I have any recourse if I think a debt collector has violated the FDCPA?
If a collector violates your rights under the FDCPA, you should see an attorney to determine your legal rights. We have sued numerous collectors in both Oregon and Washington and obtained recoveries for our clients. If your rights have been violated under the FDCPA and there is a potential recovery, this has repercussions if you are contemplating bankruptcy.
A potential FDCPA recovery should be listed and protected as an asset in your bankruptcy filing to make sure that when you do sue the collector, you will be able to keep all the damages.
You have the right to sue a collector in a state or federal court within one year from the date the Act was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills.
The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it. What should I do if a debt collector sues me? If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
If you believe that your rights have been violated under the FDCPA, please book an appointment at the Salem, Portland, Sandy or Vancouver office so that we can stop the collector and protect your right to recovery. Again, we have successfully sued multiple collectors across both Oregon and Washington and in so doing punished collectors and obtained thousands of dollars for our clients.
The post FDCPA, Bankruptcy and the Oregon Consumer appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Many of the Oregonians who come to us to file bankruptcy have been harassed by debt collectors for year. A significant portion of them are unaware that not only is there a mechanism for stopping many of those debt collectors in their tracks, but there is also a chance for a significant recovery for their troubles.
The Fair Debt Collections Practices Act provides expansive protections to Oregon and Washington consumers with respect to illegal collections actions. I am happy to say that since it was enacted, I have seen a decline in violations among local Oregon and Washington collectors. But then there is the rest of the country.
Unfortunately it is next to impossible to pursue some of the worst violations under the Act because the collector may either not be in the country or the violation might be committed by a couple criminals sitting in a boiler room in New Jersey. The bad news is getting a judgment against people like that it pretty much uncollectible. The good news is these collectors are all talk and don’t have the wherewithal to actually pursue a collection in court.
Violations still take place though and it is important to understand what passes muster under the Act so that collectors can be stopped, violations can be pursued and money damages obtained Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes lawyers who regularly collect debts, collection agencies, lawyers who collect debts and companies that purchase past due debts and then try to collect them. Here are some questions and answers about the Act.
Can a debt collector contact me at will?
No. A debt collector may not contact you at inconvenient times or places. Unless you agree to the contact before eight in the morning or after one at night would violate the Act. Moreover, a collector may not contact you at work once they’re informed that you’re not allowed to take calls there.
Debt collectors can contact you to collect a debt, as long as they heed the rules and disclose that they are debt collectors. It violates the law for a debt collector to pretend to be someone else – like an attorney or government agency – or to harass, threaten or deceive you.
What sorts of debts are covered?
The Act covers personal debts like your credit card, your car loan, a medical bill or your mortgage. The FDCPA doesn’t cover business debts.
How can I stop a debt collector from contacting me?
If you decide after communicating with a debt collector that you don’t want the collector to contact you again, inform the collector in writing to stop contacting you. Write a letter and make a copy of it. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received.
Once the collector receives your letter, they may not contact you again, with two exceptions: First, a collector can contact you to acknowledge that there will be no further contact. Second, the collector may contact you to inform you that they or the creditor intend to take a specific action, like filing complaint. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If a lawyer is representing you regarding the debt, the debt collector must contact the lawyer, rather than you. If you don’t have a lawyer, a collector may contact other people – but only to find out your contact information and where you work.
Collectors usually are barred from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not allowed to discuss your debt with anyone other than you, your spouse or your lawyer.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice must include the name of your creditor, and how to proceed if you don’t think the debt is legitimate.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, the collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can start contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What actions are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
- repeatedly use the phone to annoy you.
- use physical threats;
● use obscenities
- Debt collectors may not lie when they are trying to collect a debt. For example, they may not falsely claim they are with the government or that they are lawyers
● falsely claim that you have committed a crime;
● falsely represent that they work for a credit reporting company;
● misrepresent the amount you owe;
● falsely describe paperwork they send you as legal forms
● give false credit information about you to anyone, including a credit reporting company;
● send you a false official document from a court or government agency
● use a false company name.
● try to collect any charge of any kind on top of the amount you unless the agreement that created your debt or Oregon law allows the charge;
● deposit a post-dated check early;
● take or threaten to take your property unless it can be done legally; or
● contact you by postcard.
Do I have any recourse if I think a debt collector has violated the FDCPA?
If a collector violates your rights under the FDCPA, you should see an attorney to determine your legal rights. We have sued numerous collectors in both Oregon and Washington and obtained recoveries for our clients. If your rights have been violated under the FDCPA and there is a potential recovery, this has repercussions if you are contemplating bankruptcy.
A potential FDCPA recovery should be listed and protected as an asset in your bankruptcy filing to make sure that when you do sue the collector, you will be able to keep all the damages.
You have the right to sue a collector in a state or federal court within one year from the date the Act was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills.
The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it. What should I do if a debt collector sues me? If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
If you believe that your rights have been violated under the FDCPA, please book an appointment at the Salem, Portland, Sandy or Vancouver office so that we can stop the collector and protect your right to recovery. Again, we have successfully sued multiple collectors across both Oregon and Washington and in so doing punished collectors and obtained thousands of dollars for our clients.
The post FDCPA, Bankruptcy and the Oregon Consumer appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Everything You Need to Know About Divorce and Bankruptcy You have probably heard the commonly-cited statistic that about half of all marriages end in divorce. A sizable number of those whom have experienced divorce will also find themselves in need of bankruptcy protection. Family law and bankruptcy law intertwine in several ways. This post […]
The post Everything You Need to Know About Divorce and Bankruptcy appeared first on Tucson Bankruptcy Attorney.
Here at Shenwick & Associates, we’re paying close attention to the travails of “underwater” holders of New York City Taxi and Limousine Commission medallions and practical solutions to their plight. In a recent blog post, we reviewed a New York City Council Committee on Transportation hearing last month on the issue.
Earlier this month, Committee on Transportation Chair Ydanis Rodriguez introduced a proposed local law, Int. 1740-2017, which would create a new nontransferable taxicab license to allow current taxicab owners to operate one additional vehicle under a single existing medallion license. Presumably, under this proposal, the medallion owners would have an additional stream of revenues, and thus, theoretically, make taxi medallions a more attractive investment.
In an amNYstory about the proposal, reactions were mixed. Bhairavi Desai, the executive director of the New York Taxi Worker’s Alliance, which represents 19,000 drivers, called the bill a “starting point” but wouldn’t support it in its current form. “My concern would be what’s going to happen to the drivers on the road because this wouldn’t save the drivers who are in a race to the bottom,” said Desai. “In order to be hailed you have to been seen and this could help address that issue and help the industry, but to really protect drivers there should be a commission-like system with a guaranteed income and a cap on black cars.”
I’m not sure that this proposal would assist medallion owners who own overleveraged medallions for at least two reasons: 1. Based on the laws of supply and demand, if the number of medallion operators increase, the value of each existing medallion will decrease; and 2. My clients indicate that there are already too many taxis, Uber, Via and Lyft cars on the road and this proposal would increase or double the number of medallions and increase competition for medallion owners. My clients indicate that they are presently working 20-30% longer hours each week for 20% lower earnings. For more information on taxi medallions, debtor and creditor relations and bankruptcy, please contact Jim Shenwick.
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