Bankruptcy Archives - Page 38 of 38 - | Page 38

Category : Bankruptcy

Home»Archive by Category "Bankruptcy" (Page 38)

How Do I Sue A Debt Collector?

Most collection lawsuits involve a creditor suing a consumer for a past due debt. There are certain procedures that the creditor is required to follow, and when the creditor fails to play by the rules you can and should take action against them. Possible results from a lawsuit against a debt collector include monetary damages for the amount you are out of pocket for having to bring the action as well as possible punitive damages. Punitive damages are designed to “punish” the offender, and prevent repeat of the offensive behavior in the future.

The Fair Debt Collection Practices Act governs the way in which a debt collector is allowed to collect debts. The Act also provides for remedies to consumers who have been the subject of an abusive or harassing collection practice. Remedies include:

● Actual damages incurred.

● Payment of attorney fees for having to sue the collector.

● A mandatory $1,000.00 fine per violation of the Act.

You can sue a debt collector in state court, in federal court, or within a bankruptcy proceeding. Where you bring suit will depend on the specific facts of your case, and a trained attorney will know which option fits your case. We have experience bringing actions against debt collectors and place an emphasis on this type of case within our legal practice. For help, call one of our trained legal professionals.

If you are being harassed or threatened from a debt collector, call our office for help. We will fight for a full and fair compensation for your damages while holding the creditor’s fee to the fire for accountability. Call a Plantation, Florida debt relief attorney today for more information.

What Is The Automatic Stay?

Filing bankruptcy provides many benefits. The most important benefit is that you are able to have most of your debt eliminated, and no longer considered due by the creditor. Another important benefit is that of the automatic stay. This legal mechanism is put in place automatically, upon the filing of the case. What this means is that all creditors are automatically prevented (stayed) from contacting you to collect a debt. The purpose of bankruptcy is to give the honest but unfortunate debt a fresh start, which begins with being given a chance to breathe and get a break from the calls and letters from collectors.

The bankruptcy law is where the provision of the automatic stay can be found. It stops the following actions by creditors and debt collectors:

 

● Collection calls must immediately cease.

● Any wage garnishment must be released and no further wages withheld from your paycheck.

● Foreclosures must stop, giving you the opportunity to stay in your home without fear of it being auctioned off or sold out from under you.

If a creditor fails to abide by the automatic stay and persists in calls or other collection activities you do have recourse. You can file a case against the offending creditor within your bankruptcy and depending on the severity of the violation, are entitled to monetary damages. We have experience going after creditors that break the law, and are happy to help you if this has happened to you.

If you are receiving collection calls or letters after having filed bankruptcy, call a knowledgeable attorney to discuss your options. We can help you understand your choices and make a decision that works for you. Call a Plantation, Florida debt relief attorney today for more information.

Is Bankruptcy The Answer?

The decision to file for the protection of bankruptcy is on that should be made only after careful consideration. While the stigma that was once associated with bankruptcy is all but gone in today’s society, there are still consequences to filing a case. When you are armed with the knowledge of possible outcomes and how a bankruptcy filing impacts things like your credit score, an informed decision is more easily made.

The decision to take bankruptcy is personal and will depend on the particular circumstances of your financial condition, but there are some tips that apply to all cases. These tips include:

 

● Analyze your finances to see which chapter of bankruptcy you qualify for, a Chapter 7 liquidation or a Chapter 13 debt reorganization. This important distinction may dictate whether you file or try to streamline your budget outside of bankruptcy court.

● Be honest about future possibilities to repay your debt.

● Make a list of the type of debts you have, which requires you to identify which loans are secured by collateral and which are not. The difference between secured and unsecured debt is important during a bankruptcy case because unless you wish to continue making payments on debts secured by things, you will have to surrender the property that secures the debt. With unsecured debt, like a credit card or signature loan, there is no collateral to give back and so it is beneficial to have this debt eliminated (discharged) in bankruptcy.

● Accept the consequences of filing, such as how long the information stays on your credit.

If your options are limited and bankruptcy will give you a fresh financial start, filing is a viable option for you. For some, walking away from debt is emotionally difficult because they feel a sense of obligation to repay what was borrowed. If you are able to reconcile this fact with your circumstances, filing might be right for you. Keep in mind many celebrates and professional athletes have sought the protection of bankruptcy, and doing so is not frowned upon as it once was. Call our office today to learn more.

If you are having difficulty meeting your monthly obligations, call a knowledgeable attorney to discuss your options. We can help you understand your choices and make a decision that works for you. Call a Plantation, Florida debt relief attorney today for more information.

How To Stop Collection Calls

Being saddled with overwhelming debt can create undue stress and anxiety on you and your family. This is especially true if you are receiving collection calls and/or letters. For some, it can get to the point where you don’t answer your phone or check your mail. When collection letters start stacking up and the calls are never ending, it is important to know your options. Getting the calls and letters to stop will give you some much needed peace and can even give you a chance to catch your breath so you can come up with a plan to handle the debt.

Debt collectors are required to follow certain laws when attempting to collect a debt. If you are being called by a collection agency, here are some ways you can put an end to those calls:

 

● Advise the caller you are requesting a cease and desist, then follow up this verbal command with written correspondence.

● Request the agency prove the debt, in writing, to you.

● Ask for confirmation of the name of the original creditor and to be provided a copy of the documents the collection agency claims created the debt.

These are effective techniques that will put a stop to collection calls and letters. However, these remedies offer only temporary relief. For a permanent stop to the calls you should turn the matter over to a skilled attorney. We will review your case and provide you options to alleviate the debt you have, and will also field all the collections calls you are receiving. Whether by bankruptcy, negotiation for repayment of a lesser amount, or other work out options, we can help you get back on your financial feet. Getting your finances in order helps to give you a positive outlook for the future, let us help you get back on track.

If you are receiving debt collection calls or letters, let an experienced attorney help you. We fight to protect your rights and stop the collection calls. Call a Plantation, Florida debt relief attorney today for more information.

 

 

Should I File for Bankruptcy Protection now or wait until a later date?

Clients frequently ask that question of Dsouza and Strachan Lawgroup. However, the answer depends upon many factors, and each individual’s legal situation is different; as such, we review the facts on a case-by-case basis.

A bankruptcy filed too early could result in the loss of property, which otherwise might have been retained. A determination needs to be made regarding which Chapter of the bankruptcy code would serve the debtor best. In some cases, it might be more preferable to file a Chapter 13 versus a Chapter 7. It is possible that seeking protection from creditors using the provisions of the federal bankruptcy code will not be the best solution. There are other remedies available instead of filing for bankruptcy protection.

Mortgage Modification or Bankruptcy

A strategy we are finding among some individuals facing foreclosure is to file bankruptcy. Although this can be a good strategy, it can also work against the borrower if done at the wrong time. The timing in filing for bankruptcy protection is critical, as typically, new lenders will not enter into underwriting a mortgage before the bankruptcy is discharged. In addition, in bankruptcy, the promissory note portion of the loan is cancelled, but not the lien.
As such, the borrower loses a negotiating tool. A straight modification may prove to be a better option than bankruptcy in bringing down mortgage payments. A qualified attorney should be consulted before making any decisions regarding bankruptcy or loan modification.

Chapter 7 versus Chapter 13

In determining the type of bankruptcy to file, the debtor will be subject to a “means test.” The test is used to determine if the debts can be paid off (typically a portion of the debts) using a structured repayment plan. Although the filer may want to discharge all their debts using the Chapter 7 provision of the bankruptcy code, they may not be eligible because their income for the past six months has been too high. Everyone’s circumstances are different and unique. It is important to consult an attorney who specializes in the handling of bankruptcies to receive the best advice.

New Debt Coming

If the candidate for bankruptcy knows that new and significant debt is in the near future, it would be wise to hold off on filing. Typically, a Chapter 7 bankruptcy only eliminates the debt you owe as of the filing date. Debts incurred after the filing date would be the debtors responsibility to pay. There are times when a bankruptcy case can be reopened to include debts that were not part of the original filing. However, it can be costly and whether the debts can be discharged will depend upon qualifying circumstances.

Seeking Legal Advice

Consumer debt and laws that protect individuals (and businesses) are complex, vast, and comprehensive. The federal government has Constitutionally established a mechanism, which helps consumers get a fresh start. In addition to federal laws, each state has provisions, which specifies how personal property and assets are treated and protected. Consumers should understand their rights regarding their property. It is to the advantage of all consumers to understand what creditors (including collection agencies) can “say” or “do.”