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. An automatic stay is an injunction prohibiting creditors from collecting debts. Additionally, businesses can file an emergency bankruptcy under Chapter 11, but this is rare.

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Roths Child Law

MAY 11, 2021

In fact, you may fall behind even though you do your best to make payments to every creditor every month. . When you fall behind on payments, the lender who financed the purchase might decide to repossess the vehicle. How does repossession work? Bankruptcy stops foreclosure before the lender takes the vehicle.

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Debt Free Colorado

JUNE 18, 2024

Know How to Stop Creditor Harassment & Wage Garnishment Debt can be a heavy burden. Creditor harassment is any aggressive or threatening communication from a debt collector. Wage garnishment is a legal procedure where a creditor obtains a court order to withhold part of your earnings from your paycheck to repay a debt.

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Sawin & Shea

SEPTEMBER 14, 2022

They can assist you through the bankruptcy process and can keep creditors from unlawfully harassing you. An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. This test calculates whether an individual can repay lenders and creditors without declaring Chapter 7 bankruptcy.

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Jimerson Firm

FEBRUARY 3, 2021

If the mobile home has been retired and is part of the real property, it will be included in the foreclosure. On the other hand, if the mobile home is not retired and the lender has a perfected lien on the mobile home, the lender must use replevin in addition to the foreclosure. Is the Mobile Home Retired? 319.261 (7).

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Roths Child Law

MAY 11, 2021

In fact, you may fall behind even though you do your best to make payments to every creditor every month. . When you fall behind on payments, the lender who financed the purchase might decide to repossess the vehicle. How does repossession work? Bankruptcy stops foreclosure before the lender takes the vehicle.

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Debt Free Colorado

DECEMBER 9, 2021

Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter 13 and Chapter 7. Creditors are prohibited from contacting you after your petition is filed. Complete protection from creditors – This includes wage garnishment and debt collection.

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Sawin & Shea

MAY 26, 2021

This means a foreclosure, repossession, garnishment, or other action can continue against your spouse even after you’re freed of it through bankruptcy – but only if their name is on the debt. If you opt for Chapter 13, an automatic co-debtor stay prevents creditors from hassling either you or your spouse about shared debts.

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Better Credit Blog

APRIL 1, 2022

Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill. Repossessions. Foreclosures.

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Debt Free Colorado

APRIL 9, 2020

Below you’ll find some strategies for working with your creditors and deciding which bills are the most important if you can’t pay them all. Reach out to your creditors. The decisions regarding which creditors get paid and which do not can have long term consequences and will require a strategy. Triage your finances.

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Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. 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

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. 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

DECEMBER 21, 2023

It stops: Debt collection efforts Foreclosures Wage garnishments Civil lawsuits Utility shutoffs Most other creditor actions to collect pre-bankruptcy debts The stay helps facilitate the goals of bankruptcy by preventing creditor collection efforts and allowing time for orderly debt restructuring or liquidation.

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Credit Corp

APRIL 26, 2024

Cancellation of debt happens when a creditor discharges or forgives a debt you haven’t paid off. The IRS notes that cancellation can occur when the creditor gives up on collecting because it’s exhausted its resources and is unable to collect. In some cases, cancellation can come about as an agreement between you and the creditor.

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Troutman Sanders

APRIL 17, 2023

District Court for the Southern District of Florida arguing that the Equal Credit Opportunity Act’s (ECOA) prohibition on discrimination covers every aspect of an applicant’s dealings with a creditor, not just the specific terms of a loan (like the interest rate or fees).

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Titan Consulting

AUGUST 23, 2020

In many cases, you may also lose certain secured assets like homes and cars in a liquidation to pay your creditors some of what you owe. The court trustee creates a repayment plan approved by creditors and oversees the debt repayment. Call creditors as soon as you have a shortfall. Take advantage of payment waivers.

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Credit Corp

JULY 26, 2021

Can your family members’ creditors come after you now? If your loved one doesn’t have any beneficiaries listed on their will when they die, their mortgaged property may go into foreclosure. If no one is able to pay off the loan, the lender may repossess it. Notify Creditors and Credit Bureaus. Negotiate with Creditors.

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Sawin & Shea

FEBRUARY 9, 2022

Filing for chapter 13 bankruptcy can seem like a daunting task, but it’s often the right move for those who are facing foreclosure, repossession, or have exorbitant debts. If you’re thinking of filing for chapter 13 bankruptcy, you may have questions regarding how it will impact your credit score.

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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. What sets Sawin & Shea, LLC apart is our commitment to clear communication and accessibility. How Much Debt Is Enough?

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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. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. .’

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Credit Corp

AUGUST 25, 2020

In some cases, creditors may be required to contact you directly or otherwise verify your identity when approving credit. Repossession and foreclosure. In certain cases, creditors must get court orders to repossess or foreclose on property of an active service member. An active duty alert is like a fraud alert.

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Credit Corp

AUGUST 23, 2021

Creditors like to see that you can handle a mix of revolving and installment loan accounts, and a good credit mix can actually help improve your score. If you’re getting denied because you don’t have a mortgage, call the creditor and ask what else you can do to show that you’re a serious and responsible borrower.

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Sawin & Shea

FEBRUARY 21, 2024

This helps prevent repossession or foreclosure. Additionally, they may be able to help with: the stoppage of harassing phone calls from creditors, repossessions, foreclosures, and more. Income limits vary by state and household size but are generally higher than those imposed on Chapter 7 bankruptcy.

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Sawin & Shea

DECEMBER 28, 2023

Under Chapter 13, the filer works with their attorney to come up with a court-approved repayment plan showing how they will pay something back to creditors over time. As long as you keep up with repayment plan payments, you can avoid repossession or foreclosure. Pros of Filing Chapter 13 Bankruptcy 1.

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Sawin & Shea

MARCH 13, 2024

It basically serves as a legally binding promise that the person filing for bankruptcy will resume making payments in full and on time to the creditor. All of the original terms of the loan are back in force, including the creditor’s right to repossess the collateral if you get behind on payments in the future.

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Debt Free Colorado

MARCH 10, 2023

At the beginning of the bankruptcy process, a petition is filed by the debtor or, less frequently, by creditors. By removing unmanageable debts and allowing creditors to seek some compensation based on the person’s or the business’ liquidated assets, bankruptcy gives a person or corporation a second opportunity.

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Sawin & Shea

MAY 10, 2023

You can keep your home and car and will receive automatic court protection from creditors. Chapter 13 bankruptcy , or reorganization bankruptcy, stops repossessions and foreclosures to save your home or investment. A court-appointed trustee will sell all or a portion of your nonexempt property.

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Sawin & Shea

DECEMBER 22, 2021

When you file for bankruptcy, creditors evaluate pre-bankruptcy spending to ensure that you are not trying to take advantage of the bankruptcy process. If you file for bankruptcy after making significant holiday purchases, you may give creditors a chance to accuse you of fraud. How Can I Benefit from Filing Before the Holidays?

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Better Credit Blog

DECEMBER 31, 2020

Depending on how many reports the creditor uses, one or more of your scores could be impacted by your application. Foreclosures. Repossessions. But when you take it a step further and actually apply for a credit card, like the Victoria’s Secret card from Comenity, your credit report is subject to a hard inquiry. Bankruptcy.

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Debt Free Colorado

MARCH 3, 2023

Are My Creditors capable of appealing My Bankruptcy? Chapter 7 bankruptcy Given its straightforward and simple nature, Chapter 7 is sometimes referred to as straight bankruptcy since it involves selling the debtor’s assets, and splitting the money among creditors. What Can’t Bankruptcy Do? What Debts are Discharged in Bankruptcy?

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Debt Free Colorado

OCTOBER 12, 2023

It is essential to disclose past financial transactions and history, including income, lawsuits, safe deposit boxes, foreclosures, and more. Remember that if you apply for Chapter 7 and have a sizable disposable income, the judge may determine that you can afford to make a Chapter 13 payment to your creditors.

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Sawin & Shea

NOVEMBER 15, 2023

If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something. This is a voluntary agreement between a secured creditor and the debtor that re-obligates the debtor on the secured debt.

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Sawin & Shea

JANUARY 11, 2024

Medical bills, credit cards, payday loans, and struggling businesses – it can seem like the letters and calls from creditors will never stop. Staring down mountains of debt can feel overwhelming. Bankruptcy filings for both individuals and businesses are on the rise. There are some key differences between these two types of bankruptcy.

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Sawin & Shea

JUNE 7, 2023

Cosigner Responsibilities: Bankruptcy and Debt Collection If a primary borrower declares bankruptcy, the co-signer associated with the debt may be responsible to pay back creditors, but this will depend on the type of bankruptcy that the primary debtor filed. Unlike Chapter 7, filing Chapter 13 offers protections for co-signers.

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Sawin & Shea

JANUARY 24, 2024

The court sells off your nonexempt assets and uses the proceeds to pay your creditors. Your assets are protected while you make monthly payments to creditors through the court. The remaining qualifying debts are discharged, meaning you are no longer responsible for paying them back.

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Sawin & Shea

JULY 19, 2023

Under Chapter 7, most people can keep their home and car, if desired, and receive automatic court protection from creditors. Chapter 13 , or reorganization bankruptcy, stops repossessions and foreclosures so you can save your home or investment. Chapter 7 bankruptcy also stops lawsuits and wage garnishments.

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Sawin & Shea

JUNE 21, 2023

The Chapter 13 repayment plan consolidates your existing debts into a three to five-year plan to pay back your creditors, and initiating the process offers immediate protections, including an automatic stay, and allows you to keep all of your possessions. Filing for Chapter 13 bankruptcy can help you improve your financial situation.

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