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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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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National Service Bureau

JULY 1, 2015

This change can have far-ranging effects for debt buyers and debt collectors alike. The basic facts of the case are that a debtor filed a Chapter 13 Bankruptcy, and as a part of this proceeding, LVNV Funding filed a proof of claim on a debt that was beyond the statute of limitations.

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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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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.

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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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Sawin & Shea

NOVEMBER 15, 2023

In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. Laws called exemption statutes determine what a person or married couple can keep through the Chapter 7 process. This is what is called a “surrender” under bankruptcy law.

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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

With unsecured debt, there is no lien or security interest agreed upon. Instead, when a debtor fails to pay, the lender must first file a lawsuit in order to collect what is owed. However, before a lawsuit is filed, lenders of unsecured debt will typically hire debt collectors in an attempt to recover what you owe.

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Sawin & Shea

JULY 13, 2022

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. As a result, the majority of debtors who file for Chapter 7 bankruptcy do not get their college loans dismissed.

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