Sawin & Shea

NOVEMBER 23, 2022

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt?

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Troutman Sanders

JANUARY 29, 2024

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

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Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. Individuals can file an emergency bankruptcy, also known as a skeleton bankruptcy, under Chapter 7 and Chapter 13. When to File an Emergency Bankruptcy.

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Albuquerque Law

DECEMBER 14, 2021

million people across the United States had their wages garnished to pay debts. Wage garnishments are a common tactic creditors use to collect debts. We have discussed the important aspects of New Mexico’s laws regarding wage garnishments in previous blog posts. You can challenge garnishments. In 2020, more than 4.5

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Luftman, Heck & Associates.

JUNE 13, 2021

Are your wages being garnished to pay off a debt? Although bankruptcy is one option, it may not be the best solution for you. Request a Court-Appointed Trustee Under Ohio law, you may be able to avoid wage garnishment if you enter into a trusteeship. You have options to stop creditors from taking money out of your paycheck.

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Sawin & Shea

OCTOBER 26, 2022

When filing for bankruptcy, you can discharge certain types of personal loans, meaning that you’re no longer legally responsible for paying off the debt. If you’re considering filing for bankruptcy, you need to know what personal loans you can discharge and which filing method best suits your financial situation.

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Roths Child Law

FEBRUARY 19, 2021

Filing for Chapter 7 bankruptcy can be an effective way to eliminate a variety of unsecured business or personal debts. Let’s take a look at some specific reasons why you may want to pursue a liquidation bankruptcy. Typically, you’ll receive a stay of debt collection activities as soon as a judge receives your bankruptcy petition.

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Sawin & Shea

JUNE 16, 2021

Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. Chapter 7 bankruptcy: In this type of bankruptcy, your non-exempt assets (if any) have been liquidated to pay off a percentage of your debts. This is not true. More on both of those below.).

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Sawin & Shea

MARCH 30, 2021

Nobody wants to be in a situation where they have to file for bankruptcy, but for the self-employed, it can be a doubly crushing blow. You may even have doubts about whether or not self-employed people are eligible to file for bankruptcy. For both of these types of bankruptcy, you will need to gather some paperwork. Chapter 13.

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Sawin & Shea

MAY 26, 2021

If you’re married and considering bankruptcy in Indiana, you’re probably wondering whether you can file alone and how this could impact your spouse. This is one of the most common questions for bankruptcy attorneys. Yes, you can file bankruptcy without your spouse. This is good news for Indiana residents.

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Roths Child Law

MARCH 15, 2023

Especially when someone has a relatively successful career, the sudden loss of their job could put them at elevated risk of personal bankruptcy. Why do some people end up filing for bankruptcy after losing their jobs?

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Sawin & Shea

JANUARY 18, 2023

If you’re struggling with overwhelming debts, Chapter 7 bankruptcy could be your best option. Chapter 7 is the most common form of bankruptcy for individuals and families, and it allows you to discharge many of your unsecured debts within only a few months. What is Chapter 7 Bankruptcy?

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Credit Corp

MAY 3, 2023

If you decide to file for bankruptcy, you must next decide which type of bankruptcy is right for you. Bankruptcy can be complex, and even a small mistake in how you file can substantially change the outcome of your case. In This Piece Understand the Types of Bankruptcy How Do You Know Which Bankruptcy Type is Right for You?

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Roths Child Law

DECEMBER 10, 2020

After a period of time, you might consider filing for bankruptcy as a way to keep your business going. If your business is struggling with debt, bankruptcy can offer your company a way out. There are different bankruptcy options available to your company, and it will be helpful to weigh the benefits and potential drawbacks of each.

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Debt Free Colorado

DECEMBER 9, 2021

Are you considering bankruptcy? Bankruptcy is a challenging, life-altering experience. . If you are considering consulting with an attorney about your debt-relief options, it is essential to remember that each type of bankruptcy comes with its advantages and disadvantages. . Advantages of Chapter 7 Bankruptcy.

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Direct Recovery

APRIL 16, 2023

Wage garnishments are the ultimate threat posed by every debt collection scenario, but finding yourself on the wrong end of one doesn’t have to be a financial death sentence. Wage garnishments are put into place to recover unpaid taxes, outstanding child support, student loans, court judgments, or unpaid bills.

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Nexa Collect

MARCH 12, 2021

The FCRA-mandated credit reporting period is the same in Puerto Rico: 7 years for debt, and 10 years for bankruptcies, but note that Puerto Rico has its own statute of limitations for filing lawsuits to collect debts: 15 years.

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Sawin & Shea

NOVEMBER 24, 2021

However, though bankruptcy can seem scary, it is an option and one that can genuinely help you get back on your feet. There are benefits when you file for bankruptcy that protect you. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do?

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Sawin & Shea

NOVEMBER 24, 2021

However, though bankruptcy can seem scary, it is an option and one that can genuinely help you get back on your feet. There are benefits when you file for bankruptcy that protect you. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do?

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Account Recovery

AUGUST 26, 2024

The plaintiff, who initially alleged multiple violations of the bankruptcy provisions of the FDCPA, saw her case gradually dismantled until only the FDCPA claim remained. The court’s final ruling marked the end of the plaintiff’s legal battle, leaving the FDCPA claim dismissed without prejudice. More details here.

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Troutman Sanders

FEBRUARY 7, 2023

On January 9, the Seventh Circuit overturned its own 39-year-old precedent to find that: (1) the definition of “transfer” for purposes of section 547 of the Bankruptcy Code depends on federal, not state, law; and (2) the date of “transfer” is the time at which the money passes to the creditor’s control. Creditmax Collection Agency, Inc. ,

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The Kaplan Group

AUGUST 6, 2020

Declare Bankruptcy. If you can’t amicably negotiate debt restructuring with your creditors, Chapter 11 bankruptcy is an option. Companies need to have some working capital before filing in order to survive the bankruptcy process during which the court determines how much creditors will receive.

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Roths Child Law

DECEMBER 17, 2021

Many cancer survivors eventually turn to bankruptcy. times as likely as someone who has never had cancer to file for bankruptcy. Bankruptcy is a solution for cancer-related debt. Especially if a medical creditor has served you with lawsuit paperwork, filing for bankruptcy may be a smart decision.

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Sawin & Shea

MAY 2, 2024

If you’re struggling with overwhelming debt, you may be wondering if bankruptcy is the right solution for your financial situation. One of the most common questions people have is “How Much Debt is Needed to File for Bankruptcy?” However, that doesn’t mean bankruptcy is the best option for everyone with debt.

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Sawin & Shea

JULY 19, 2023

If you find yourself in an untenable financial situation, bankruptcy may be your best option. Chapter 7 bankruptcy , or liquidation bankruptcy, allows you to discharge all or most of your debt. Chapter 7 bankruptcy also stops lawsuits and wage garnishments. Like Chapter 7, it stops lawsuits and garnishments.

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Sawin & Shea

AUGUST 24, 2020

If you’re dealing with debt and considering filing for bankruptcy, it’s a good idea to get professional legal advice on how to handle the proceedings. Should I File for Bankruptcy? If you are deciding whether or not to file for bankruptcy, there are a lot of conditions to consider. What Do the Various Kinds of Bankruptcy Entail?

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Sawin & Shea

MAY 10, 2023

If you’ve found yourself in a precarious financial situation and overwhelmed with debt you can’t repay, bankruptcy may be your best option. You may be reluctant to declare bankruptcy because you fear it will wipe out your hard-earned retirement savings. Chapter 7 bankruptcy also stops lawsuits and garnishments.

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Sawin & Shea

NOVEMBER 30, 2022

Once this happens, you may face serious ramifications, including wage garnishment and the offset of your federal tax refund and Social Security benefits. Like with student loan rehabilitation, student loan consolidation can prevent your wages from being garnished, and it can avert the offset of your tax refund and Social Security benefits.

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Roths Child Law

DECEMBER 20, 2022

However, if you are like most people contemplating bankruptcy, then chances are you are wondering how bankruptcy will impact your current and/or future employment prospects. . Will you lose your current job or have a difficult time finding work after declaring bankruptcy? Bankruptcy and your current job.

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Sawin & Shea

SEPTEMBER 28, 2022

The stress leading up to a declaration of bankruptcy can be intense. You may also worry that your bankruptcy will become public knowledge and affect other aspects of your life. Let’s begin by discussing the ramifications of bankruptcy on your current employment. Bankruptcy Code. Will your boss and co-workers find out?

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PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. v] The Court explained further, “[a]ny ambiguity in the text of §362(a)(3) is resolved.

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Sawin & Shea

APRIL 3, 2024

Filing for bankruptcy is a great financial option for those struggling with cumbersome debt. But you may be wondering, “What Is the Impact of Bankruptcy on Professional Licenses and Certifications?” How Will Filing Bankruptcy Impact My Professional License?

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Sawin & Shea

FEBRUARY 9, 2021

Bankruptcy finally frees you from this burden and allows you to shed old debt. So if someone is hassling you about a very old debt, contact your bankruptcy attorney before signing anything or making any payments. A zombie debt collector might say they’re going to sue you, place a lien on your property, or garnish your wages.

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Roths Child Law

JANUARY 31, 2023

If these options are not possible, you may consider filing for bankruptcy. No matter how you handle it, bankruptcy can have a lasting impact on your life. If you handle it right, bankruptcy can give you the relief you need to get back on your feet financially. And if you mismanage it, bankruptcy can compound your financial woes.

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Sawin & Shea

MARCH 7, 2023

Are you wondering how to file bankruptcy Chapter 7? Or if filing for bankruptcy is right for you? If you’re struggling with debt and considering bankruptcy, speaking with a bankruptcy lawyer can help you determine your best options and give you some clarity on how the process works. What is Chapter 7 Bankruptcy?

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Sawin & Shea

FEBRUARY 7, 2024

If you’re considering filing for Chapter 7 or Chapter 13 bankruptcy , you need to know how much you should expect to pay for filing fees and other necessary expenses. You may also wonder whether you can file bankruptcy, no money down. It is possible to file for bankruptcy with no money, but only in very limited circumstances.

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Credit Corp

JUNE 3, 2020

Common methods include wage garnishment , property attachments and property liens. This is known as wage garnishment. The Consumer Credit Protection Act caps these types of garnishments. Nonwage garnishment. If you’re retired, unemployed or self-employed, your bank account may be garnished instead.

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