Collector is Contacting Me But I Hired An Attorney

Under the Fair Debt Collection Practices Act, a debt collector is specifically barred from contacting a consumer where the debt collector knows that the consumer is represented by an attorney with respect to the debt and can reasonably ascertain the attorney’s contact information unless the attorney fails to respond within a reasonable period of time to the collector. While the FDCPA is not clear as to what constitutes a reasonable period of time, at least one court rejected the argument that an attorney had to respond within fourteen days.

Why Check Your Credit Report (And How Often)

check your credit reportsYour credit report is one of the most important documents out there. As a financial resume of sorts, you should take care to watch it closely.
It drives me nuts when I find out my client hasn’t taken a look at his credit report for … well, in so long he can’t even remember when the last time was that he saw his credit report.

Sales Commissions In Bankruptcy

Many of my bankruptcy clients are in sales and are paid on commission.  When you file bankruptcy it is important to understand how the bankruptcy code treats commission payments and how you can protect your commissions.  The important thing to understand is that if you work with a good Seattle bankruptcy attorney you can protect your future commissions.  You should not let the fear of losing your future commissions prevent you from filing bankruptcy.

Today In Bankruptcy – 06-04-2013

BIZ_AMR-USAIRWAYS_1_DA_29657297Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for June 04, 2013 AMR gets approval to have creditors vote on bankruptcy exit plan In Bankruptcy, Detroit Could Sell Off Its Art Collection Four years after bankruptcy, GM set to rejoin S&P 500

Does Income of Both Spouses Need to Be Reported in Bankruptcy if Only One Spouse is Filing?

Bankruptcy and MarriageWhen you file bankruptcy protection you are required to report household income to determine eligibility of the chapter you wish to file.  The same is true for married couples who file a joint bankruptcy or a married person filing an individual petition.  In other words, you are required to report income of your spouse even [...]

Reverse Mortgages – Tool For Getting Out Of Debt, Or Recipe For More Trouble?

reverse mortgage basicsCash out your equity, get money to pay debts, and live happily ever after. Better watch out.
Last week I spoke with a wonderful woman with $50,000 in credit card debt, medical debts approaching six figures, and no equity in her home. She’s retired, 74 years old, and looking to file for bankruptcy.

When Bankruptcy is Necessary for an Incompetent Debtor

power of attorneyMost often when you think about filing bankruptcy the process is completed by the debtor seeking protection.  Yet, there are special circumstances in which a debtor may not be able to file a petition due to mental, physical, or financial challenges.  It may actually make sense for them to file bankruptcy, but they are unable [...]

Consumer Debts Covered Under the Fair Debt Collection Practices Act

Courts have largely rejected a restrictive definition of the term debt allowing coverage of a broad spectrum of “consumer debts” beyond what you might normally expect including such diverse obligation as rent, student loans, utility and insurance bills,condo and attorney fees, judgements, debts already discharged in bankruptcy, car rental agreements and even campground memberships.

Fifth Circuit – Absolute Priority Rule

Written by: Robert DeMarco

Halsey Minor And The Bargain Of Business And Bankruptcy

halsey minor business bankruptcyHalsey Minor, founder of CNET, filed for bankruptcy in Los Angeles on May 24, 2013. What’s the lesson for the small business owner?
Let’s say you’ve hit on a grand business idea. You take a risk, throw a bunch of money at the venture, and dive deeply.
A few years later, you’re deep in the red.

Pages

Subscribe to Bankruptcy Resources RSS