Jeff Swaney asked:


The following are types of debt collector conduct which may violate the FDCPA.

• Debt collectors failing to identify themselves (only company name), or failing to state that collector is confirming or correcting locating information

• Debt collectors disclosing to third parties that debts are owed

• Contacting any person more than once, unless requested to do so by the third party

• Contacting any person after knowing you are represented by an attorney

• Calling you before 8:00am and after 9:00pm, your time

• Contacting you after you are represented by an attorney (i.e. your Bankruptcy attorney)

• Calling place of employment after debt collector knows employer prohibits calls (after you say, do not call me at work”)

• Contacting you, after you, in writing, tell debt collector you are not going to pay debt, or you want collector to cease communication Harassment or Abuse

• Debt collectors harass, oppress, or abuse any person

• Threat of Force or criminal means to harm you or your property

• Using profane language

• Calling repeatedly

• Calling you without disclosing identity (“I am a debt collector attempting to collect a debt”)

• False or Misleading Representations in Communication

• Attempting to collect more than is owed

• Implying debt collector is an attorney when it is not.

• Threatening that the nonpayment will result in imprisonment, garnishment, and attachment.

• Threatening to sue you when they are not an attorney.

• Threatening to take any action debt collector doesn’t intend to take or otherwise lying.

If you have any questions about debt collector conduct which may violate the FDCPA, it is best to contact a Bankruptcy Attorney in your state.

 

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Chad Fisher asked:


Can’t pay your bills? Going through bankruptcy? Don’t know how to get out of this situation with least mental agony?

 

All you’ll need to do is contact the Walnut Creek bankruptcy attorney. There are ample number of good, trained and experienced Bankruptcy Attorneys and Lawyers in Walnut Creek who are available for hire and are ready to help you out.

 

If you are stuck with financial difficulties and would like to file for a bankruptcy, you’ll need to get an attorney who has widespread experience and who is ready to make your financial strife go away. If you’re considering filing for bankruptcy, Walnut Creek bankruptcy attorney can provide you with the best legal advice and counsel you in order to help you plan efficiently for a bankruptcy.

 

Walnut Creek bankruptcy attorney are experienced attorneys with enormous experience with law practice. They can assist you in determining whether to file for a Chapter 7 or 13 bankruptcies or whether bankruptcy is the right decision for you in this recession period. They can even give advice on preventing further losses.

 

It is a common belief that filing for bankruptcy will affect your life forever. On the contrary! New federal laws related to bankruptcy have been recognized to allow each person a new prospect to start fresh without any financial burden.

 

Walnut Creek bankruptcy attorney will also advice you on why bankruptcy is the right road to travel in such circumstances. The best deal about bankruptcy is that it either totally wipes your debt clean, or it at least helps you to create an appropriate repayment plan.

 

By deciding to file for bankruptcy, you will gift yourself with an opportunity to free yourself from all or most part of your debt. This can actually help you re-start your life, afresh. If your home is at stake, Walnut Creek bankruptcy attorney will work with you to let you know your options related to your monthly payments.

 

Once you have filed for bankruptcy, you will have an option to start all over and take full control of your life with a better financial outlook. Now, there are many laws to protect you from your creditors.

 

All you have to do is choose an attorney who knows the law and this will help you to move ahead in life.

Luna Mohanty asked:


When you’re caught in the middle of a credit disaster, it may feel like you are all alone. But statistics in the United States show that the number of annual personal bankruptcy filings is growing all the time. Many Americans struggle with personal debt and many in San Antonio are considering bankruptcy. Government data shows that the average bankruptcy filer is between the ages of 25 and 54. More than half of people filing bankruptcy have an annual income of under $30,000 per year. Consulting with a San Antonio bankruptcy attorney can provide logical legal protection for your needs.

Rising medical bills are one of the most common reasons for bankruptcy. Medical expenses in the United States have been climbing at an alarming rate over the past fifty years. More than nine million American families spend as much as 20% of their income on medical expenses. Many middle-class Americans think they are safe from these staggering costs because they have medical insurance. But when serious medical problems happen, medical insurance doesn’t cover all the costs and the bills begin to mount. At a time when you are concerned about your own health or the health of a loved one, being hounded about medical bills is an unwanted stress. A San Antonio bankruptcy attorney can help you to erase that mountain of medical bills.

Many very rich and famous people have filed for bankruptcy. Anyone can have problems with their finances and that includes celebrities, athletes, business leaders and other high profile public figures. The nightly news is full of famous people who have financial problems. Just like ordinary folks thinking about bankruptcy in San Antonio, celebrities experience divorces, medical problems, and lawsuits. The current financial crisis isn’t selective and can have an impact on any of us at any time in our lives. Some celebrities find that bankruptcy is a great way to turn around their money woes and get a fresh start. Stars that you see on TV like Michael Jackson, CNN’s Larry King and musician Marion “Suge” Knight have all filed for bankruptcy.

It is more important than ever to speak with a San Antonio bankruptcy attorney. New law changes will be explained to you and your rights and options will be reviewed. Thousands of San Antonio residents considering bankruptcy have changed their lives and eliminated their debts. An attorney can help you understand your options, make good choices and get you moving in the right direction to keep your debt problems from ruining your life. Although dealing with bankruptcy is new to you, an experienced attorney will understand your situation and help you protect the security of your family. Make an appointment to consult with a San Antonio bankruptcy attorney and stop the worry and fear that credit problems have created in your life.

Caitlina Fuller asked:


Times are tough and many people are feeling the pinch with jobs being lost, wages being cut, and generally just being in an economic rut.  It is easy when you are going to through such a time to feel all alone, like you are the only person in the world going through this, but rest assured that you are not.  If you have been searching for a solution but have not yet found one, you are also not alone.  If Phoenix bankruptcy is truly your only option, there are people who can help.  This is a path that has been walked down countless times before and there are professionals that are ready and willing to help you through this difficult time.

 

An Arizona bankruptcy attorney can help you understand the laws that are associated with the next steps that you have to take.  Bankruptcy is not something that you should take lightly, and this is why you need to make sure that it is done right.  Most people don’t know how to navigate through legal waters alone and this is what your attorney is there for.

 

To hire an attorney you may want to contact other people that you know who have been through this process, as they may be able to recommend a reputable professional for you to work with or they may even be able to tell you who to steer clear of!  If you do not know anyone or don’t feel comfortable asking, you can look in your local phone books for the names and numbers of local attorneys.  Most will be willing to meet with you for free for a short period of time, which will give you an idea of whether or not this is someone you can work with.

 

It’s important to remember that Arizona bankruptcy lawyers are going to cost you money, but most of the are willing to accept monthly payments.  Depending on the extent of the work they will have to do on your behalf, they may require a retainer, which is basically a deposit, which can be as much as $1,500 but then this is in your account and debited against as you go along and after this is gone you may have to make another deposit or pay monthly bills.  Usually these lawyers are very understanding when you don’t have a lot of cash laying around and will work with you to make their services as affordable as possible.

 

Bankruptcy is a stressful process, but when you are working with someone who knows the systems and can help guide you through all of the decisions, paperwork, and processes it will be a lot less stressful.  In the end, the money that you will have to spend on such a lawyer will be well worth the support and guidance that you receive from them.

Chad Fisher asked:


Bankruptcy is a legal declaration by an individual or a firm or an organisation to their creditors due to their inability to pay off their debts. The current trend in market has drastically affected almost all the debtors to declare bankruptcy because of the heavy losses they have undergone due to recession.

The Bankruptcy law has devised a sketch which allows a defaulter to resolve his debts through the distribution of his possessions to his creditors. The California bankruptcy law can be complex and hence the San Francisco Bankruptcy Attorneys offer debtors with the appropriate solutions.

Many a times the people filing for bankruptcy have no clue as to how to go about it. They are faced with overwhelming figures of the debts they owe to their creditors and hence it is very much advisable to hire a San Francisco Bankruptcy Attorney. These attorneys have excellent experience in helping out individuals or firms with the debt relief and filing for bankruptcy in California.

It is always a wise choice to get in touch with the San Francisco Bankruptcy Attorneys who can guide you through the complicated process of filing for bankruptcy. Once the documents are filed at the bankruptcy court, a trustee will be assigned to you. He will inform you and also verify all the documents and information submitted by you.

The next step will require you to notify your creditors about your filing for bankruptcy so as to stop them from taking action against you to get their debts.

Filing for bankruptcy falls into two types and categories namely Chapter 7 bankruptcy and Chapter 13 Bankruptcy.

The San Francisco Bankruptcy Attorneys will help you in providing bankruptcy relief from everyone in California. They will also assist you to from the constant harassment of the creditors. Therefore, the attorneys provide an opportunity for their clients to start afresh.

Chapter 7 bankruptcy deals with total bankruptcy which is reflected on your credit card for 10 years whereas Chapter 13 bankruptcy is more like a payment plan which stays on your credit card report for about 7 years.

Since filing for bankruptcy is a long process and requires a lot of patience and knowledge, hiring a San Francisco Bankruptcy Attorney will ensure that everything runs smoothly for you.

Apurva Shree asked:


Now days, with the wide availability of bankruptcy form processing services on Internet, filing bankruptcy online has now become easier and the good part of the story is that the process is very easy and time saving. If you understand the legal requirements associated with filing bankruptcy and you know what are the forms that you need to fill and submit in this regard, you do not even require hiring a bankruptcy attorney to help you with the procedure of filing bankruptcy.

Ways To File Bankruptcy

In fact, there are plenty of ways you can use to file court petition for bankruptcy. For example, if you can hire bankruptcy lawyers to do the job for you or you can avail the various online bankruptcy services available on Internet, or if you are a legal expert and you know the ins and outs of the various bankruptcy laws, you may choose to go for personal filing.

How Much Does Filing Bankruptcy Online Cost?

Depending upon the type of filing process you have chosen, the costs will vary. For example, filing bankruptcy online for chapter 7 bankruptcy and chapter 13 may cost you somewhere around two hundred dollars or less, depending upon the type of bankruptcy you are filing for. If your bankruptcy case is a bit complicated and you know that you are not capable enough to defend your bankruptcy claims yourself successfully, it is always recommended to avail the valuable services of an expert bankruptcy attorney. They will never let you down. These days, even the bankruptcy lawyers choose to go for filing bankruptcy online, as it makes the process much easier and most importantly, it saves a lot of time both for the debtor and the bankruptcy attorney, but of course, it costs a little more.

Advantages Of Filing Bankruptcy Online

If you do not want to hire a bankruptcy attorney, it will be wiser for you to take advantage of the various online bankruptcy services. They are known as online bankruptcy form processors. They will help you in several ways. For example, when you submit your specific bankruptcy case to them along with all the relevant information, they will suggest you the right type of bankruptcy that you should claim for and they will provide you the right bankruptcy forms to fill. Once you submit those forms, they will review all the information you provided with the forms. If some information is missing, the online bankruptcy forms processor will inform you regarding the same and will ask you to submit the missing information.

Once they approve everything, on your request, they will even file a court petition for bankruptcy for you. This way, we can see that filing bankruptcy online will take away the pain out of the complicated proceedings.

JC Law Group asked:


There is a lot of false information regarding bankruptcy.  Here is a list of the most common myths we’ve encountered.  Please consult with reputable San Francisco bankruptcy attorneys before deciding bankruptcy is not a viable option for you.

1. My employer will find out and fire me, or my potential future employer will not hire me because I filed for bankruptcy.

Discrimination solely because you filed for bankruptcy is prohibited under the U.S. Bankruptcy Code.

2. I have to be broke or behind on my bills to file bankruptcy.

No.  Do not wait until you’ve drained out your savings, or 401(K), or borrowed more money from relatives and friends.  Consult with a bankruptcy attorney right away if you do not see a way out of your current financial situation.

3. Bankruptcy is not affordable.

Most bankruptcy attorneys have payment plans.  In general, you will be advised to stop all credit card payments, which will free up money for fees.  In Chapter 13, most of the fees are paid through the plan payments.

4. I will lose my home.

In Chapter 7, as long as you are current on your payments, you can keep your home.  In California, there is a homestead exemption up to the following amounts:

(1) $50,000 is single debtor.

(2) $75,000 if debtor is family unit.

(3) $150,000 if debtor or spouse is at least 65 years old, disabled, or if annual income is less than $15,000 or $20,000 if married.

Refer to California Exemption Chart

5. My credit is destroyed forever.

Bankruptcy is reported on your credit report for 10 years.  This does not mean you cannot get credit for 10 years.  Chances are you already have bad credit.  Most credit scores will go up after filing bankruptcy, usually do to the debt-to-income ratio improving.

6. I will never get a home, an apartment or car.

People do rebuild their credit after bankruptcy and go on to buy homes and/or cars.  Your credit score may actually increase after bankruptcy, especially since bankruptcy will have a positive effect on your debt-to-income ratio.

7. You can’t go bankrupt anymore since the new law.

The 2005 Reform Act made it more difficult to file for bankruptcy, but it is still possible.  Consult with a consumer bankruptcy to determine if you qualify.

8. The new law says you have to pay everything back.

In Chapter 7 bankruptcy, debts are wiped out with the exception of certain taxes, child support/alimony and student loans.

9. It will be in the newspaper.

No.  Your bankruptcy filing will not be publically displayed or announced in a publication.  However, it is public information, and anyone that wants to can go to the Bankruptcy Court and request your file.  Additionally, the information is available on a Federal Bankruptcy database but to access it, you must have an account.

10. I hear “you can’t go bankruptcy on credit cards any more”.

Not true.  Credit cards are unsecured debts and will generally be discharged by bankruptcy.

11. After you take a credit counseling course you must wait 6 months before you can file a bankruptcy.

Credit counseling must be completed within 6 months of filing bankruptcy.  Check with the US Trustee’s Website for authorized Credit Counseling courses.

There is no waiting requirement after completing credit counseling to file for bankruptcy.

12. If I file for bankruptcy I’m a failure.

Plenty of famous and successful people have filed for bankruptcy.  Ask yourself, can I be more productive and successful if I did not have this debt?

13. There’s a secret way to make your creditors accept a fraction of the debt.

It is true that oftentimes credit card companies will offer to settle on stale debts.  However, creditors may (and often do) sue you.  Unless you have a valid defense for the lawsuit, you will most likely lose the case.  They can get a judgment against you and garnish your wages or put a lien on your property.

Assuming they do settle, what the creditors and debt settlement companies don’t tell you is this: the amount forgiven will be considered income to you and you will be taxed on the amount forgiven.  It’s better to owe your credit card money than the IRS because you can discharge the credit card debt in bankruptcy much more easily!

14. I’ve hired a debt settlement firm to help me pay off all of my debts at a deep discount in 3 years or less and now I won’t have to file for bankruptcy.

See #14.  Debt settlement firms aren’t lawyers.  There is nothing they will or can do for you should your creditors decide to sue you.  Additionally, creditors do not have to settle with you at all!  Most of the time, the debt settlement companies will keep most of the money for themselves, leaving little for the actual settlement.  They can’t do anything for you that you can’t already do for yourself – not pay your creditors then work out a settlement.

If you do decide to hire a debt settlement company, please be sure to check with the Attorney General office of the state the company is located.  There are lots of warnings issued by governmental agencies regarding the dangers of hiring a debt settlement companies.

15. My friend told me as long as I am going bankrupt I might as well max out my credit cards and use up what is left.

Accumulating debt with an anticipation of filing for bankruptcy may be considered fraud. Bankruptcy is for the unfortunate but honest debtor.

16. I should “leave one card out” of the bankruptcy.

ALL debts must be listed on the bankruptcy petition.  Everyone you owe money to must be listed.  This includes friends and families.

17. “But my credit score will go down!”

See #5.  Ask yourself, what will it take for me to get out of debt?  Use this calculator to figure it out.  Most people continue to make the minimum payments not realizing the amount of money it will actually take to get out of debt.  Do not make the mistake of getting trapped in the cycle of making minimum payments – never being able to live debt free.

18. I’ll never get credit again, or another,  I won’t be able to get credit for 7 years

After filing for bankruptcy, your debt-to-income ratio improves.  This will help your credit score.  Additionally, you cannot file again for 8 years (in case of Chapter 7) so you’re actually a “safe bet” for the creditors.

19. Bankruptcy does not apply to certain creditors like Bank of America.

Bankruptcy applies to Bank of America as well as all other banks.  Generally, all unsecured debt will be discharged in a Chapter7.  In Chapter 13, the amount you pay back will depend on your payment plan.

Have additional questions?  Call a San Francisco bankruptcy lawyer today at (415) 963-4004.

Tom Law asked:


Bankruptcy in the Garden State

Bankruptcy could be a solution you need if you are struggling with your bills. Many of the familys we’ve consulted with tell us that filing for bankruptcy was the smartest decision they have made in a long time and many wished they had done it sooner. They tell us they now have the peace of mind they have been desperately searching for and have now found.

There are many benefits to filing bankruptcy in New Jersey, including the removal of debt and the chance to start on the road to a better financial plan for your family. Filing for bankruptcy can save a debtors hard earned assets, equity in their home, vehicles, personal belongings and retirement funds.

Here at Lee Abt, we get many new clients from past clients who send in their mothers, fathers, sisters, brothers and friends to file bankruptcy with us. An approved NJ Bankruptcy Attorney is a critical ally in filing for bankruptcy. We care about each and every client. You are not just a number with us. Lee Abt handles only bankruptcy cases and is a specialist, so he can give full attention to all of our clients and not be distracted by working on municipal, divorce or criminal cases.

Do not let your fear about bankruptcy make you disregard this important option and allow yourself to be trapped by so called “debt relief companies”. And do not be misled by well-intentioned friends and family members who are not professional bankruptcy attorneys. Keep in mind that bankruptcy helps people across the United States each year get rid of debts, get back on solid financial ground and responsibly build new credit so they can live their lives securely and obtain new credit.

Lee Abt is an Experienced Bankruptcy Attorney in New Jersey – Call Today!

Chad Fisher asked:


Bankruptcy laws are complicated and almost impossible for an average person to understand. Bankruptcy attorneys are those who handle your financial troubles smoothly and identify the pros and cons of filing after analyzing your crisis in detail.

The role of a bankruptcy attorney is even more critical during recession times, when the number of companies filing for bankruptcy is at an all time high. They are of great help, particularly in these times, as they make sure that people, who are already facing financial crisis, do not incur further losses.

Arizona, the 48th state of United States, has higher bankruptcy filing rate than the national average, including those who would otherwise lose their homes to bank foreclosure. With an experience in Arizona bankruptcy process for more than 15 years, a knowledgeable Arizona bankruptcy attorney can help make sure that you keep your house, vehicles and other possessions, protected from bank foreclosure.

There have been many instances in Arizona, during bankruptcy proceedings, when the creditors show up and ask the judge to exempt their debt from your bankruptcy. Most of these claims are easily debated by an Arizona bankruptcy attorney who has experience standing up for those who file.

When it comes to filing bankruptcy petition with the court, an Arizona Bankruptcy attorney knows that paperwork errors lead to revision and resubmission, which takes time and adds to your misery. Furthermore, the bankruptcy attorneys know how to defend your claims against accusations of fraud and help you get more debt included in your bankruptcy.

An Arizona Bankruptcy attorney first helps you decide which form of bankruptcy will be right for you. Any experienced attorney in Arizona is aware of all the rules and laws governing the process of liquidation, like Chapter 7, Chapter 11 and Chapter 13.

Chapter 7 is opted when the debtor is unable to pay its creditor. This is applicable for both individuals and entities. Chapter 11 is chosen for entities, when any business has to be reorganized under the bankruptcy laws. Chapter 13 enables individuals with regular income to develop a plan to repay their debts.

Most of the attorneys, including Arizona Bankruptcy attorneys, can help you avoid pitfalls. They make you understand that you do not lose everything just because you file bankruptcy and help you lead a stress-free life.