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Joint Debtor and Co-Debtor sounds like the same thing or same debtor, but they have distinct meanings in bankruptcy. A person who owes money along with you on a given obligation is your joint debtor; whereas, a person who files bankruptcy with you is your co-debtor. For example, a parent who co-signs a student loan for you is your joint debtor. Your wife who files bankruptcy with you is your co-debtor.
You can be a co-debtor without being a joint debtor on anything.
The original post is titled Joint Debtor or Co-Debtor? , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .
In Oregon, the Confirmation Order signed by the Bankruptcy Judge approving your Chapter 13 Plan, specifies that you should not incur any credit obligations during the life of your plan without the Trustee’s written consent. The only times you can buy on credit without the Trustee’s written approval would be in an emergency(as you can imagine this is interpreted pretty narrowly) and in the case of ordinary expenses for a business approved in your plan.
Any request for credit must be approved by the Trustee in writing before you obligate yourself in any way. The most common credit obligation you may wish to incur is for the purchase of a car. Be sure to contact your attorney if you must buy a car or trade in your old one. Do not let a car dealer talk you into anything before your attorney has had a chance to get involved. The Trusteeconsistently approves requests to finance replacement or basic needs vehicles, so long as you and your attorney follow the proper procedure. The procedure simply calls for you to get the Trustee some pretty basic information on a form provided by your attorney and that obtainTrustee approval you commit to any car loan.
If you have any questions at all regarding how you can go about incurring credit during your Chapter 13 Bankruptcy, please feel free to contact Northwest Debt Relief anytime and ask for Tom McAvity so that we can go over your situation.
The original post is titled Can I Take Out Credit While I My Oregon Chapter 13 Bankruptcy is Pending? , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .
Our managing attorney, Christopher Jones, just received board certification as a Consumer Bankruptcy Specialist. This is a demanding process that he completed with the American Board of Certification (ABC) over the past three years. ABC is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification [...]The post Attorney Chris Jones Joins Ranks as Board Certified Bankruptcy Specialist appeared first on Acclaim Legal Services, PLLC.
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.
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