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January 13th, 2010
It is common knowledge that most individuals who are trying to avoid filing for bankruptcy by seeking help from debt settlement agencies will end up filing for bankruptcy and will wonder why the bankruptcy option was not chosen sooner. Bankruptcy offers the only true relief. Debt settlement agencies would like to present to consumers that they are an "alternative to bankruptcy" and may perhaps drive you deeper into debt and your credit reports will continue to have negative ratings. Debt settlement agencies are not "cheaper" than bankruptcy. They can’t force creditors to do things they don’t want to do. In the end, you may or may not get a deal with your creditors and meanwhile your credit is ruined. It is important to understand that debt settlement relief is riskier than filing for bankruptcy and does not offer any guarantee from debt relief.anything other than bankruptcy is riskier and doesn’t offer any guarantee of relief from debt. Bankruptcy offers the only true relief. Debt settlement agencies do not save your credit from negative reports.
January 9th, 2010
With the the advent of so many bankruptcies being filed and the current foreclosure crisis, a common questioned being posed is whether a person will be able to rent after filing for bankruptcy. If you are currently renting a home or apartment, generally your landlord will renew your lease without obtaining an updated credit report and will be without knowledge that you filed for bankrutpcy. If you are applying for a new lease, there could be some slight problems that can easily be resolved. It is necessary to understand that is a blemished credit report is what will affect your application and not necessarily the filing of bankruptcy. Generally, most leasing companies or private owners are more apt to lease to you since you are less of a credit risk after filing for bankruptcy since you won’t have outstanding debt.
January 5th, 2010
If you are currently being sued whether for unsecured debt or your facing a foreclosure lawsuit, bankruptcy relief may stop your foreclosure and will keep your wages from being garnished by your creditors. If your house is being foreclosed or your motor vehicle is being repossessed, Chapter 7 bankruptcy may not be an option. Chapter 13 may be your best option.Chapter 13 may prevent the foreclosure or repossession and allow you to catch up on your mortgage arrears or motor vehicle balance due over time through a plan of repayment over time. Chapter 7 or Chapter 13 bankruptcy can provide you with a fresh start that you are entitled to under the law and get you out of debt.
January 3rd, 2010
A Florida bankruptcy lawyer recently reviewed an article regarding the hiring of a bankruptcy lawyer. We found some very good tips and thought they might be important to share with you. The following are some suggestions which we believe you should consider in the hiring of a bankruptcy lawyer: 1) Whatever you do, do not wait until your finances are in total disarray. This is never a good idea .Call an attorney immediately. Don’t wait until lawsuits have been filed against you or judgments have been entered to seek the advice of a bankruptcy attorney. 2) If you know someone who has filed for bankruptcy, you should ask them if they were happy with the services their attorney rendered. However, if the person hasn’t filed before they aren’t likely to refer you to a competent bankruptcy lawyer. 3) Ask for referrals from other legal professionals. If you know an attorney, ask the person whether they know any bankruptcy attorneys or have heard about good bankruptcy attorneys. 4) The hiring of a lawyer is always an important decision.
December 29th, 2009
If you are contemplating filing for bankruptcy whether it is under Chapter 7 or Chapter 13 of the Bankruptcy Code, you should not continue using your credit cards. If you continue to use your credit cards and then proceed to file for bankruptcy, creditors can object to the discharge of the recently incurred debt. If you end up filing for bankruptcy, the portion of the credit card debt you incurred could be held non-dischargeable and you could end up being ordered to pay back the debt, despite the bankruptcy. These type of objections from creditors are not common, but if the facts are clearly in their favor, creditors become more aggressive and will seek to pursue you. If you have recently used your credit cards and you are seeking to file for bankruptcy you should disclose this fact to your attorney. Your attorney can discuss specific time frames and potential solutions to these types of problems.
December 16th, 2009
If you’re behind in paying your bills, or a creditor makes it appear as if you are, a debtor collector may soon be contacting whether in writing or by phone. The Federal Trade Commission enforces the Fair Debt Collection Practices Act which prohibits debt collectors from using abusive, unfair or deceptive practices to collect from you.
The Fair Debt Collections Practices Act covers personal, family and household goods including money you owe on personal credit card accounts, medical bills and your mortgage. It does not however cover business debt.
Under the FDCPA, a debt collector may not contact you before 8 in the morning or after 9 at night unless you happen to agree to it. They may also not contact you at work if you advise them not to call you at your place of employment. If you wish for the debt collector to stop calling you because you have confirmed that you do not owe this debt. You should notify them in writing to stop contacting you. In this case, you should make a copy of your letter and send it to the debt collector via certified mail with a return receipt requested. Once they receive the letter they may no longer contact you but they may still sue you if they have evidence that you owe the debt.
Under the Fair Debt Collection Practices Act, you have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the court can require the collector to pay for damages incurred, i.e., damages suffered for illegal collections practices, such as lost wages and medical bills. The judge can further require the debt collector to pay you up to $1,000.00, even if you can’t prove that you suffered actual damages. You can also be reimbursed for attorney fees and court costs.
If a debt collector files a lawsuit against you, respond to the lawsuit either personally or by way of an attorney by the date specified to preserve your rights. You should report any problems you have with a debt collector to your state Attorney General’s office and the Federal Trade Commission. The laws may vary from state to state.
Consumer Debt Collection and the Fair Debt Collections Practices Act (FDCPA).
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December 15th, 2009
Situaciones comunes que nosotros confrontamos en nuestra practica de quiebra o bancarrota son el decidir cuando el Capitulo 7 o el Capitulo 13, no son solamente hechos financieros los que afectan a nuestros clientes pero tambien hechos de inmigracion. Es muy comun para personas no ciudadanas americanas busacar or iniciar por alivio para obtener un nuevo comienzo. Entonces el primer hecho que se pregunta es si una persona que ne es ciudadana americana puede aplicar para un caso de bancarrota. Y en segundo lugar puede preguntar si el Capitulo 7 of el Capitulo 13 afectan su solicitud de inmigracion o su condicion de inmigrantes.
El Codigo de Bancarrota dice en sumario "que solamente una persona que reside o tiene domicilio, un negocio o una propiedad en los Estados Unidos de America, es decir en una de su municipalidades puede ser considerado un deudor amparado por su Codigo. El termino persona incluye indivduos, companeros de trabajo y corporaciones. No hay requisitos de ciudadania norteamericana en el Codigo de la Bancarrota.
Es muy importante tener en mente que ciertos delitos criminales requieren el castigo de deportacion. Crimenes de bajeza moral como aquellos de usar tarjetas de credito con nombres de otras personas, escribir cheques fraudulentos, tranferencias de ganancias fraudulentas, para nombrar un pocos. Tambien el estado trabajando bajo de la mesa y el no pagar taxes puede convertirse en un hecho y jugar un papel en esto.
La importancia de las verdad es imperiosa cuando se esablece una bancarrota. El evitar tranferir una propiedad o transferir dinero, etcetera puede jugar un factor importante el la solucion final del caso de bancarrota.
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December 13th, 2009
Common issues which we confront in our bankruptcy practice whether it be a Chapter 7 or Chapter 13, are not only financial issues which are affecting our clients but also immigration issues. It is not at all uncommon for a noncitizen to seek bankruptcy relief in order to obtain a fresh start. The first issue question a client may ask is whether a non-citizen may even file a case. Secondly, many may ask is whether or not the filing of a Chapter 7 or Chapter 13 case affects their immigration status or application for citizenship.
That Bankruptcy Code states, in summary, "…that only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under the Code. The term "person" includes invidividuals, partnerships and corporations. There is no requirement of citizenship in the bankruptcy code.
It is important to keep in mind that certain criminal convictions would require deportation. Crimes of moral turpitude such as using credit cards in other peoples names, issuing fraudulent checks, fraudulent transfer of assets, to name a few. Also, if an immigrant has been "working under the table" and not paying taxes can also become an issue and may come into play.
The importance of being truthful when filing for bankruptcy is extremely important. The avoidance of transferring property or transferring money, etcetera, will play an important role in the outcome of the bankruptcy case.
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December 12th, 2009
Contrario a la creencia popular, casi cada deudor recibe ofertas de credito al corto tiempo de establecer una bancarrota. Muchas ofertas son para tarjetas de credito, sin embargo, algunas pueden ser para prestamos y otros quizas para hipotecas.
Muchos hemos escuchado comentarios de que la bancarrota arruina su credito y que usted nunca sera capaz de financiar una casa. Los deudores deben estar informados de que la bancarrota es el primer paso para reconstruir su credito ya que muchos consumidores que han sido beneficiados con el alivio de una bancarrota antes que eso ocurriera tenian un mal credito. No es solamente posible tener credito despues de una bancarrota ya que podria ser mas facil en oposicion a otras opciones que no son bancarrota generalmente intentadas por los deudores. Contrario a las inadvertencias que los acredores hacen antes ir a bancarrota, obtener prestamos despues de una bancarrota es actualmente estimulado por la industria creditaria. La industria del credito puede decirle a los consumidores que otros prestamos despues de una bancarrota no seran posible ya que el pago de la deuda es la unica opcion para mantener el tipo de credito adecuado pero estas declaraciones no son verdad y el obtener prestamos despues de la bancarrota no es solamente posible pero actualmente estimulada por la industria creditaria.
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December 10th, 2009
Contrary to popular belief, nearly every debtor receives credit offers shortly after filing bankruptcy. Most offers are for credit cards, however, some may be for car loans or maybe even mortgages.
Most of us have heard statements that bankruptcy ruins your credit or that you may never be able to finance a house. Debtors should be aware that that bankruptcy is the first step in the rebuilding of credit since most consumers who have filed for bankruptcy relief already have bad credit. It is not only possible to obtain credit after bankruptcy, it might actually be easier as opposed to other non-bankruptcy options generally attempted by debtors.
Contrary to creditors’s warnings before bankruptcy, borrowing after bankruptcy is not only possible after bankruptcy but is actually encouraged by the credit industry. The credit industry may tell consumers that they will not lend after bankruptcy and that paying the debt is the only option to maintain any type of credit, but said statements are not true and borrowing after bankruptcy is not only possible but actually encouraged by the credit industry.
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