Sawin & Shea

JULY 27, 2022

To fully understand how this works, it helps to understand the basics of credit card debt when you are filing for bankruptcy, which we will dive into below. Understanding Credit Card Debt and Bankruptcy. Most people file for bankruptcy in the hopes of having their debts that they are struggling to pay discharged.

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Sawin & Shea

SEPTEMBER 29, 2021

Most Chapter 7 cases, however, are “no-asset cases” which means that the debtor in bankruptcy keeps everything in which they have an ownership interest. In Chapter 13 bankruptcy, your debts are not discharged upfront. The funds from the sale of that property will be used to pay your creditors.

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Sawin & Shea

SEPTEMBER 29, 2021

Most Chapter 7 cases, however, are “no-asset cases” which means that the debtor in bankruptcy keeps everything in which they have an ownership interest. In Chapter 13 bankruptcy, your debts are not discharged upfront. The funds from the sale of that property will be used to pay your creditors.

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Consumer Financial Services Law

AUGUST 31, 2016

Secondly, the court’s decision does not address the contents of the proof of claim or the conduct of the debt collector. Instead, the Fourth Circuit’s opinion appears to focus solely on whether or not the statute of limitations extinguished the debt. Keys to the Decision. The opinion is important for a number of reasons. .

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Debt Free Colorado

MARCH 3, 2023

Do Bankruptcies Come in Different Types? There are officially six separate categories of bankruptcy , each designated after a specific section of federal bankruptcy law. However, Chapter 7 and Chapter 13 bankruptcy are the two types of bankruptcy that are most frequently filed.

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Sawin & Shea

DECEMBER 8, 2021

Debts associated with the medical industry and credit card companies can be bought by aggressive debt collectors, which can affect your overall quality of life. Certain debts can be discharged entirely when filing Chapter 7 bankruptcy, but not everyone is eligible for Chapter 7 bankruptcy.

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Sawin & Shea

MAY 2, 2024

Whether you’re facing foreclosure , repossession, wage garnishments, or relentless creditor harassment, our expertise in bankruptcy law can offer the protection and relief you’ve been seeking. One of our firm’s key strengths lies in our comprehensive understanding of both Chapter 7 and Chapter 13 bankruptcy options.

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National Service Bureau

JULY 1, 2015

The Eleventh Circuit Court of Appeals held last year to broaden the scope of the ‘least sophisticated’ standard when considering FDCPA (Fair Debt Collection Practices Act) violations. This change can have far-ranging effects for debt buyers and debt collectors alike. What’s the background information on Crawford v LVNV ?

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Albuquerque Law

MARCH 11, 2021

This file should generally include: A copy of your bankruptcy filing. Copies of the documents in your bankruptcy petition. A copy of the repayment plan, if you filed Chapter 13 bankruptcy. Your certificates of completion for credit counseling. A comprehensive list of the creditors. Billing statements.

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Sawin & Shea

AUGUST 16, 2023

The complexities of bankruptcy law, coupled with the potential consequences of a failed case, strongly suggest seeking the assistance of a qualified bankruptcy attorney for the best possible outcome. We can help you file for Chapter 13 bankruptcy or Chapter 7 bankruptcy, depending on your needs.

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Consumer Financial Services Law

MAY 16, 2017

Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Midland Funding, LLC, a debt buyer, filed a proof of claim which disclosed on its face that the claim was barred by the applicable statute of limitations, listing the date of last transaction as May 2003.

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BN Lawyers

JANUARY 14, 2019

Section 1692g(a) of the FDCPA mandates the sending of a “validation” notice within five days of a debt collector’s initial communication with a consumer. A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. In Scott v.

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Credit Corp

JUNE 14, 2023

At that point, your cable company sends the bill to a debt collector. Bankruptcy: Seven or 10 Years Bankruptcies show up in the public records section of credit reports. Chapter 7 bankruptcies may be reported for 10 years from the filing date.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. 1328(a).

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Collection Industry News

SEPTEMBER 23, 2020

. • Debt collection cases have claimed an increasing share of the civil docket, making up about 30% of the civil court caseload in the one state where comprehensive data was available. • The dollar value of claims filed annually by debt buyers increased from $6 billion in 1993 to $98 billion in 2013. Filing bankruptcy.

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Sawin & Shea

NOVEMBER 8, 2023

This means you will be contacted (usually A LOT) by their debt collectors to arrange payment. In short, getting behind on your credit card payments will cost you a lot more money and add to your credit card debt stress for the foreseeable future. Chapter 13 Bankruptcy , which helps you develop a debt repayment plan.

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Sawin & Shea

JANUARY 25, 2022

However, before a lawsuit is filed, lenders of unsecured debt will typically hire debt collectors in an attempt to recover what you owe. If an agreement cannot be reached between the debtor and the debt collector, the lender will likely file a lawsuit against you. Examples of Unsecured Debts.

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Sawin & Shea

NOVEMBER 15, 2023

One of the benefits of declaring bankruptcy is that debt collectors cannot try to collect on debts that were discharged in bankruptcy. They may use collection agencies , or they may sue you (asking the court to garnish wages, take an asset, or put a lien on your home).

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Sawin & Shea

JULY 13, 2022

The majority of people in Indiana who have thought about declaring bankruptcy likely already know how challenging it is to get student loans erased. Although it is not impossible, debtors normally need to pass the Brunner test, which establishes that repaying the student loans will put them in an unreasonably difficult position.

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