Blogs

12 years 3 weeks ago

This question has to be one of the most frequent questions I hear as a bankruptcy attorney.  Most people believe that if they file a bankruptcy they are going to lose everything, including their vehicle.  That, in most cases, is just simply not true.  In Missouri, you can protect up to $3,000 in vehicle equity [...]


12 years 3 weeks ago

after bankruptcy get rich quickYou’ve got more time than you think you do.
When you come out of bankruptcy, you’ve got this burning desire to run.
Get a house, buy a car, live large. Now now now.
I get it – you’ve been shackled to your bills for so long that you feel the need to fly high and fast, like some kid who’s just been given the keys to a new Camaro after being relegated to a 10-speed for his entire life.
But I’m here to tell you that flooring the gas is a stupid move.
You Didn’t Go Bankrupt Overnight
Most of my clients tell me that their credit cards got overextended little by little, the mortgage fell behind over the course of months, and the savings ran out drip by drip.
If you didn’t go broke all at once, what makes you think you can climb to the top of the economic heap in a single bound?
Slow And Steady Wins Over Mario Andretti
Hey, Mario’s awesome – but he trained for years before he won his first race. If you’re a financial professional who fell into debt overnight because of some enormous, unforeseen situation that’s one thing. But more likely, you’re a normal person who’s just looking to make his or her life a better one.
Take the time to build your savings, steady your financial situation and create a foundation upon which to build. It’s more like to stand the test of time.
Explosive Growth Leads To Explosions
Ask any entrepreneur about the heady days of explosive growth, and you’ll likely hear the same story. It was awesome, it was fast, then it was over life a weekend in Vegas. Left with a hangover, you feel worse than you have in a long time.
Rather than taking the chance of flaming out, take some time to assess your situation and plan your next move.
Do You Really Want To Be My Client AGAIN?
I take no offense at the fact that nobody wants to be my client. I’m like an oral surgeon – you come to me when the pain is too intense and you’ve got no other options. The best I can do is solve the problem with as little pain as possible.
But if you run into money problems again, you’re going to come back to me. That’s not a place you want to be. And as much as I may like you, I’d prefer to catch up with an occasional phone call or email rather than by seeing you with me in court.
Featured image courtesy of Ungaio.
Bankruptcy And The Get Rich Quick Mentality was originally published on Consumer Help Central. If you're seeing this message on another site, it has been stolen and is being used without permission. That's illegal, a violation of copyright, and just plain awful.


12 years 3 weeks ago

At the time of this writing, the filing fees for Chapter 7 bankruptcy are $306.  The filing fees for Chapter 13 bankruptcy are $281.  Each law firm differs on how much they require down as well as how much they require in terms of a total fee to file a type of bankruptcy.  In my+ Read MoreThe post How much is it to file a Chapter 7 or a Chapter 13 bankruptcy? appeared first on David M. Siegel.


12 years 3 weeks ago

Once a Chapter 13 bankruptcy case is filed and a plan is proposed, it’s going to run for a certain number of months, typically between 36 and 60 month.  Now, there are some cases that end much earlier than 36 months and there are no cases that can exceed the 60 months.  So somewhere between+ Read MoreThe post How many payments do I have left in my Chapter 13 bankruptcy case? appeared first on David M. Siegel.


12 years 3 weeks ago

imgres
All Chapter 13 cases have a Trustee who is ultimately responsible for the overall administration of your bankruptcy case. In all cases in Northern Oregon, the Chapter 13 BankruptcyTrustee is Wayne Godare. He maintains over 6,000 active files in addition to yours.  For most cases in Southern Oregon(Linn, Lane and Marion County), the Chapter 13 Bankruptcy Trustee is Fred Long.
The Trustee must fulfill all duties assigned to him in the Bankruptcy Code. These duties include inspection of your bankruptcy petition to verify that it is truthful; assessing your ability to tender payments and analyzing whether your Chapter 13 plan will be successful as proposed; overseeing your 341 Meeting and appearing at other hearings in your case; monitoring the progress of your case; collecting your payments and allotting them to your creditors according to the plan; recovering improper payments made before your filing; providing information about your case to those who are authorized and have a need to know; and most importantly, assisting you in the performance of your plan.
Remember that the Trustee cannot give you legal advice. If you do have information that you want to bring to the Trustee’s attention or q request that you want to make regarding your case, contact your attorney first.
The Northern Oregon Chapter 13 Bankruptcy Trustee’s new address is: 222 S.W. Columbia Street, Suite 1700 Portland, Oregon 97201 and the phone number is 503-972-6300. Office hours are between nine and noon and one to four.
The Southern Oregon Chapter 13 Bankruptcy Trustee’s new address is:  POB 467, Eugene, Oregon 97440 and the phone number is 541-343-1555. Office hours run from eight to four.
The original post is titled Who is the Oregon Chapter 13 Bankruptcy Trustee? , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .


12 years 3 weeks ago

after bankruptcy what happensUncertainty is no fun, especially when it’s your financial future. Peer into the crystal ball to set your mind at ease.
When you file for bankruptcy, it’s usually because there’s no better option for you to get your finances under control. Your credit’s shot, your phone’s ringing off the hook and the mail is piling up.
You sit down with your bankruptcy attorney and plot out a course for completing the process. But the end of the case is the beginning of a new chapter in your life.
Here’s how it plays out.
Enjoy The Silence
One thing you may have noticed once you filed for bankruptcy was that the phone stopped ringing with collection calls. The mailbox was no longer jammed with unwanted letters demanding payment.
After bankruptcy, that trend continues. Enjoy the silence – you earned it.
If, however, someone calls or writes about a debt that was wiped out in your bankruptcy case then you need to get on the phone with your attorneys immediately.  Any contact by a creditor or debt collector about a bill that was discharged in your bankruptcy case is against the law.
Mop Up The Remaining Debt
After bankruptcy, some of your debts may still remain enforceable. Things like student loans, some taxes, and domestic support orders may remain outstanding. If there’s a bill you need to take care of, by all means so do as soon as possible.
You’re going to want to sit down with your bankruptcy lawyer to be sure of which of those debts are yours to handle after discharge, just in case you forget something that could be important.
Check Your Credit Reports
It’s frustrating to go through your bankruptcy only to realize months or even years later that some of the discharged debts are still being reporting as outstanding. Lots of my clients have this problem, and it’s one of the reasons why I go through every credit report with my clients after the case is completed.
Checking your credit reports is easy, free once a year under federal law, and can save you a ton of hassle later on.
Rebuild Your Savings
The best way to avoid getting back into debt is by keeping a rainy day fund.  Now’s a great time to start working on yours.
You may not be able to put a ton of money into your savings account each month, but even a few dollars goes a long way over a few years.
Remember, none of this is going to change your world overnight. But if you start now, things will be better in the future than they are the day after bankruptcy.
Image credit:  Mathieu Struck
What Happens After Bankruptcy was originally published on Consumer Help Central. If you're seeing this message on another site, it has been stolen and is being used without permission. That's illegal, a violation of copyright, and just plain awful.


12 years 3 weeks ago

CarBeingTowed_400Bankruptcy is known for helping people prevent vehicle repossession when they file before the lender attempts to take the property.  But what happens if the repossession has taken place before your petition was filed? Can you get it back? There is a possibility you can get your vehicle returned to you after beginning the filing [...]


12 years 3 weeks ago

Foreclosure Rates are Down and Housing Sales are Up The end of 2012 may have marked the close of our most recent recession.  Recent reports are showing that foreclosure rates were down by 41 percent in Los Angeles County when compared to the previous year.  This decrease in foreclosures, combined with the increase in housing [...]The post Is Now a Good Time to Buy? appeared first on National Bankruptcy Forum.


12 years 3 weeks ago

If you are considering filing a Chapter  7 or Chapter 13 bankruptcy it is important to be able to classify your debts as secured and unsecured.  These debts are treated very differently in both Chapter 7 bankruptcies and Chapter 13 bankruptcies.  If you file a Chapter 7 the unsecured debts will be discharged in the [...]


12 years 3 weeks ago

What the FDCPA is and to Whom It Applies
Are you being contacted by a debt collector? Whether you are behind on payments, or a creditor wrongly thinks you are, you have rights under the Fair Debt Collection Practices Act (FDCPA). Enforced by the Federal Trade Commission, the FDCPA prohibits third-party debt collectors from using particular kinds of collection practices, such as abusive, unfair, or deceptive collection conduct. The Texas Debt Collection Act is similar in many ways to the FDCPA and applies to anyone trying to collect a consumer debt.
Debt collectors may be contacting you about a credit card debt, a car loan, medical bill, mortgage, or any other debt you may have. The FDCPA covers all personal or household debts, but it does not apply to business debts.
Who Are Debt Collectors?
Under the FDCPA, a debt collector is someone, other than the original creditor, who regularly collects unpaid debts. A debt collector could be a lawyer, collection agency, or a company that buys debts and tries to collect them. The FDCPA does not apply to original creditors seeking to collect on their own accounts. But, as mentioned above, many of the protections provided by the FDCPA are also provided by the Texas Debt Collection Act, which does apply to original creditors.
Some examples of debt collectors include:

A few examples of original creditors are:

  • Ally Financial
  • American Express
  • Bank of America
  • Capital One Bank
  • Citibank
  • Discover Bank
  • FIA Card Services
  • Ford Motor Credit
  • HSBC
  • JPMorgan Chase
  • Target National Bank

Enforcement of the FDCPA
FDCPA violations are fairly widespread and largely go unreported. If you know your rights, you can fight back when debt collectors violate them. You can sue violators in state or federal court, individually or as part of a class action. You may also file a complaint with the Federal Trade Commission (FTC).
As of February, the FTC brought or resolved seven large debt collection cases within the last year. Four of those involved companies who allegedly used deceptive or abusive collection practices to bully consumers into paying their debts. Three of the seven cases involved collectors who allegedly tried to collect on non-existent debts or debts consumers did not owe to them.
The companies involved in the four cases mentioned include Forensic Case Management Services, Inc./Rumson, Bolling & Associates; Luebke Baker; Goldman Schwartz; and AMG Services, Inc. The alleged activities of these operations are deplorable but unfortunately not uncommon. Just some of the claims include:

  • Threatening bodily harm
  • Threatening desecration of deceased family members
  • Threatening death to pets
  • Falsely threatening to garnish wages
  • Falsely threatening imprisonment
  • Falsely claiming affiliation with law firms
  • Using insults
  • Charging unauthorized fees
  • Masking collector agency identity

Some of these cases continue in litigation, but the FTC has won a $1.1 million dollar judgment and an order banning one collection agency from future debt collection activity.
The other three cases involved American Credit Crunchers, Pro Credit Group, LLC, and Broadway Global Master. In these cases, the defendants allegedly defrauded consumers and collected money that was either not owed or not applied to actual debts. Litigation continues in two of the cases, and the FTC has won a $170,000 judgment in the other.
Additionally, the FTC closed an investigation of RJM Acquisitions, which was collecting on legally unenforceable debt. RJM continues to attempt to collect on the debt, but now the collector discloses to consumers that they cannot be sued on the debt.
See Related Blog Posts:
Be Aware of Common Debt Collection Scams
FTC Releases Report on Debt Buyer Practices
The post The Basics – Fair Debt Collection Practices Act: Who and What appeared first on AKB.


Pages