Blogs
Making the decision to file bankruptcy brings you one step closer to achieving the fresh start you’re looking to achieve. In regaining financial control you want to ensure you follow the process thoroughly in order to obtain a favorable outcome. One of the most important aspects in establishing a positive working relationship between you and [...]
Handling Creditor Claims, Distributing Property and the Discharge After the meeting of creditors, the trustee will begin to sell or convert to cash any of your property available in a Chapter 7 bankruptcy. While this is happening, the trustee handling your bankruptcy case will evaluate the claims made by your creditors. A claim is [...]
How do you know if you are suffering collection harassment, and when is it time to seek an attorney? If you are constantly harassed, embarrassed, or threatened by collection agencies, it is likely you are a victim. According to an article by ABC News, the Federal Trade Commission (“FTC”) received more than 150,000 complaints about collection agency debt collectors in 2012. The most common complaints are due to profane language, violent and abusive threats, and calls multiple times of the day.
The Consumer Financial Protection Bureau is tasked to supervise the large collection agencies to make sure they are not using harassing or threatening tactics in pursuing collection actions. Further they are cracking down on collection agencies and making sure they are only using accurate data to pursue debts. The main goal is to police agencies and make sure larger agencies start leading by example. The FTC suggests that if you are a victim of improper collection agency actions you should file a complaint on their website.
The FTC states that no debt collector can call you at any inconvenient times or places. For example; contacting you before 8:00 A.M. or after 9:00 P.M is impermissible. More importantly, any time you are contacted by a collection agency and you wish for them to stop contacting you, you can tell the collector in writing to stop contacting you. Once they receive their notice in writing they are not to contact you again unless to tell you they intend to file a lawsuit, in which case contacting an attorney is advisable.
Coercion through intimidation is never a proper collection agency tactic, but is becoming one of the most common approaches collection agencies are taking. Speaking with an attorney will allow you to fight back against these agencies that are going too far. The FTC specifically state that harassment and false statements are always prohibited. If at any time a debt collector uses threats of violence, uses profane language, or calls respectively solely to annoy it is likely you were “harassed.” If the agency falsely claims that you committed a crime, misrepresent how much you owe, or falsely state their identity, they made false statements.
Debt collectors are always prohibited from stating that they will arrest you, threaten legal action (unless they plan on taking legal action), or that they will sell your property or garnish your wages (when not legally obligated to do so). The longer collection agencies are allowed to blatantly violate FTC rules, the more people will become victims.
The most important thing to do is take notes of every call or statements made to you over the phone by collection agencies. This will help you keep track and also give you a record to show an attorney so they can better evaluate your case. The notes you take are critical in filing a claim because it tracks the behavior of the collection agency. If a debt collector brings suit against you, you must respond to the lawsuit either by yourself or through your attorney otherwise you may waive your rights. Don’t let collection agencies go too far, speak with an attorney to stop them from making you a victim of their abuse. By staying informed on what behaviors are inappropriate, you will protect yourself from being taken advantage of.
See Related Blog Post
The Basics – Fair Debt Collection Practices Act: Who and What
The post When Collection Agencies Go Too Far appeared first on AKB.
Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for April 04, 2013 Kevin Costner Sued by Morgan Creek in Bankruptcy Court Johnson Tweets Sacramento to keep 7 percent bankruptcy share of Kings San Bernardino watches Stockton bankruptcy hearing ‘with interest’
A federal jury recently convicted 42 year old Ricardo O. Curry of Randallstown, Maryland of four counts of bankruptcy fraud, two counts of filing a false tax return, one count of false testimony under oath during bankruptcy proceedings and four counts of falsifying bankruptcy records. According to county officials, Curry failed to report more than [...]
Unlike the bankruptcy courts in many other jurisdictions, the bankruptcy courts of Oregon do not forgive missed payments. In Washington, for example, if you fall behind on payments, it is at least possible for your attorney to file a motion to forgive the arrears owed and start anew. In Oregon, however, you cannot miss any payments to the Trustee without having to make them up at a later date.
Most Oregon families live on pretty stringent budgets and making the payment is hard enough without having to play catch up ball. It is imperative that if you are going to start missing payments due to lost wages or unforeseen expenses, you need to pursue an amendment of your plan as quickly as possible so that the arrears don’t build up.
If you have a change in your circumstances such as an unforeseen emergency, or loss of wages you should let your bankruptcy lawyer know immediately. Your bankruptcy lawyer can then assess your situation and hopefully amend your plan to reflect the change in circumstances. Because this process can take several weeks, so be sure to contact your attorney immediately if you know that you are going to have trouble making your payments.
The original post is titled What if I Miss Chapter 13 Bankruptcy Plan Payments in Oregon? , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .
Most bankruptcy filers find out about the possibility of losing their tax refund money upon filing for bankruptcy relief. However, that doesn't mean you should receive and spend your refund before ever talking to an attorney. In Utah, you'll probably want to wait to file your case until after the money is received and spent, but that doesn't mean you can have the advice and representation of an attorney up until the day the case is filed. It takes time to file a case, and exactly how you spend your tax refund money can be very important in your case. If you can, speak to and hire your attorney in advance of receiving your refund. That way you spend the money appropriately, and your attorney will hold off on filing the case until the most opportune time.Adam Brown is a bankruptcy attorney for Dexter & Dexter, a debt relief agency helping people file for bankruptcy.
The US Trustee’s Office has indefinitely suspended its random audit program effective March 2013. The random audit program was one of the fraud prevention measures added in the 2005 BAPCPA amendments to the US Bankruptcy Code. (Wall Street Journal) The audit program has also been a significant cause of stress and concern for many of my clients.
The purpose of the US Trustee audit program was to identify “material misstatements of fact” in consumer bankruptcy petitions. The US Trustee’s Office never defined the term “material misstatement.” In a typical audit, the debtor would receive a letter requesting a routine set of financial documents such as pay advices from the 180 days prior to filing, bank statements from the 90 days prior to filing, and the most recent tax return. The documents would be sent to an auditor who would review them and cross check them against the petition. In some cases, there would be a more in depth review.
I’m glad the program is gone – at least for now – because it didn’t produce any results and it only made life harder for people who were already going through a stressful experience. Besides, the bankruptcy system already has a system in place for catching fraud: the panel trustees. A chapter 7 trustee who handles hundreds of cases a year and who takes testimony from every single debtor is in a much better position to spot fraud than a random auditor.
For the moment, debtors can rest easy knowing that they won’t be subject to a random audit. It doesn’t mean that debtors and their attorneys should be any less careful – because the trustees are still there – but at least they don’t have to worry about be subject to an extra layer of random stress.
Bankruptcy has the ability to cease or delay legal action from lawsuits related to credit card debt. How the filing process provides a solution for the issue will likely depend on which chapter you file; whether it be Chapter 7 or Chapter 13. For the most part, debtors may have debt related to the suit [...]
You hear and see ads all over the place. “We will stop your foreclosure!” “9 out of 10 customers keep their homes!” “Modify your loan with us, guaranteed!” You might have even received personalized letters in the mail that make similar claims. If it sounds too good to be true, it probably is.
Scammers are all too eager to go after those who need help the most. Consumers want desperately to keep their homes, reduce their mortgage payments, and just be more financially stable. When companies offer them a light at the end of the tunnel, many are willing to travel down that path. Hopefully you will able to see through the false promises these companies make and avoid becoming another victim of their all-too-common scams.
Scam Warning Signs
Look for some of these telltale signs that you may be dealing with a scammer:
- Scammers often guarantee they can get the lender to modify your loan or stop foreclosure. No one but your lender can guarantee this—period. They may claim they have an outstanding relationship to work these things out. Do not believe them.
- If you hear a lot of incredible statistics, like 99% of customers get their loans modified, be highly skeptical. If they are shouting these kinds of “results” from the rooftops, run for the hills.
- No trustworthy company will tell you to avoid talking with your lender, attorney, or a counselor. You have to ask yourself, “Why would they not want me to speak with my lender or attorney?” They are up to no good, and they want to take your money.
- Fees are always a suspicious topic. First, know that a mortgage relief service provider may not legally charge you an advance fee, unless it is an attorney. (In which case, make sure the provider actually is an attorney. Many scammers falsely claim to be associated with a law firm!) If they are willing to violate the law, they are willing to steal your money. Second, do not pay for any services or any “initial fee” by wire transfer, or by sending cash or a cashier’s check. If you are dealing with a scammer, you will never see that money again.
Seeking Real Relief
It is unfortunate that so many are so willing to prey on distressed homeowners. Fortunately, there are a lot of resources offering legitimate help, and there are a lot of alternatives to foreclosure.
You may consider contacting HUD approved housing counseling agencies near you, or the Homeownership Preservation Foundation, which is a nonprofit organization that may be able to help you with loan modification and foreclosure prevention.
Of course, your servicer can discuss some of your options with you, including a possible loan modification, repayment plan, reinstatement, forbearance, short sale, or deed in lieu of foreclosure. Foreclosure is not in their best interest so they may work with you.
You may want to contact an attorney who can explain other alternatives, such as Chapter 7 or Chapter 13 bankruptcy. Also, an attorney can explain all of your options in a way that you can understand. An attorney can also help you determine which option is right for you, help you prepare for and execute your course of action, and explain any possible effects of each of your options.
If you are struggling with your mortgage, act quickly. The longer you wait, the fewer options you have.
See Related Blog Posts:
Alternatives to “Foreclosure Defense” Offer Better Results
Fannie Mae Loss Mitigation Options
The post Spotting Mortgage Relief Service Scams appeared first on AKB.
Updated daily, this blog will keep you informed on the latest bankruptcy news! 
Learn more about how Bankruptcy works and what you need to know.