Credit Corp

JUNE 14, 2023

Car Repossession It’s important to realize that an auto loan is a type of secured loan. This process is referred to as repossession. Laws regarding car repossessions vary from state to state. Laws regarding car repossessions vary from state to state. How Late on Your Car Payments Can You Be Before the Car Is Repossessed?

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Debt Free Colorado

JUNE 18, 2024

Know How to Stop Creditor Harassment & Wage Garnishment Debt can be a heavy burden. 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. This stops creditor harassment and wage garnishment for most debts. What is Wage Garnishment?

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Roths Child Law

DECEMBER 10, 2020

Do you need immediate relief from garnishment, repossession or other aggressive collection methods? What types of debt does your company owe? The types of debt your company owes could determine which chapter of bankruptcy makes the most sense for your situation. These are only a few things to consider regarding business bankruptcy.

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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. Pension loans: If you took out a loan against your pension, an automatic stay would not protect you from wage garnishment to repay the loan.

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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. Pension loans: If you took out a loan against your pension, an automatic stay would not protect you from wage garnishment to repay the loan.

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Sawin & Shea

JANUARY 18, 2023

Filing Chapter 7 bankruptcy provides you with an automatic stay that prohibits creditors from being able to take any action to collect a debt against you, such as repossessions, wage garnishment, and legal action. Additionally, your creditors will not be allowed to contact you.

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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. Will filing alone safeguard these things and prevent your spouse from being hounded for payments?

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Debt Free Colorado

APRIL 9, 2020

They will feel obligated to protect their interest in the collateral (your car) and can move quickly to repossess after only a few missed payments. You’ll have more flexibility with a nationwide loan servicers like Toyota, Ally, or Santander than you will with a buy-here-pay-here lender, but their sympathy is limited. Your Mortgage.

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Roths Child Law

APRIL 10, 2023

One of these is when you have to file for bankruptcy immediately to avoid a foreclosure, wage garnishment or repossession Requirement for debtor education Debtor education is meant to equip you with the tools and resources necessary to better manage your finances after bankruptcy.

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Roths Child Law

JANUARY 31, 2023

Either way, overlooking the writing on the wall can give your creditor room to do the following: Place liens or obtain judgments on your property Foreclose your home Repossess your vehicle Start garnishing your paycheck Are you drowning in debt? Bankruptcy can give you a fresh start.

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Roths Child Law

FEBRUARY 19, 2021

Furthermore, they are not able to garnish your wages, repossess property or foreclose on your home. Once the stay goes into effect, creditors are no longer able to call, write letters or file lawsuits in an effort to collect a past-due balance. Are you capable of paying down your debts in a timely manner?

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Debt Free Colorado

DECEMBER 9, 2021

Complete protection from creditors – This includes wage garnishment and debt collection. Occasionally, creditors may refuse to repossess little goods due to the expense of picking them up. Even if you have been discharged, unpaid debts may result in foreclosure or repossession. The Majority of Unsecured Debts.

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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. What is an Automatic Stay?

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Sawin & Shea

MAY 10, 2023

Chapter 7 bankruptcy also stops lawsuits and garnishments. Chapter 13 bankruptcy , or reorganization bankruptcy, stops repossessions and foreclosures to save your home or investment. It also stops lawsuits and garnishments. You can keep your home and car and will receive automatic court protection from creditors.

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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. Repossessions are pending. What sets Sawin & Shea, LLC apart is our commitment to clear communication and accessibility.

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Sawin & Shea

JULY 19, 2023

Chapter 7 bankruptcy also stops lawsuits and wage garnishments. Chapter 13 , or reorganization bankruptcy, stops repossessions and foreclosures so you can save your home or investment. Like Chapter 7, it stops lawsuits and garnishments. Chapter 13 can help people keep assets that might be at risk in a Chapter 7.

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Albuquerque Law

MAY 5, 2020

The SCRA protects active military service members and their families before and during bankruptcy proceedings by preventing or postponing: Default judgments on debt collection; Eviction or foreclosure; Repossession of their vehicle; Civil court proceedings; and Wage garnishments.

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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. i] In re Denby-Peterson , 941 F.3d 3d 115, 126 (3d Cir. ii] In re Fulton , 926 F.3d 3d 916, 924 (7th Cir.

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Sawin & Shea

FEBRUARY 7, 2024

With this automatic stay, your creditors won’t be able to garnish your wages, meaning that you can use your earnings to pay your installment plan. As we’ve discussed, filing for bankruptcy places an automatic stay on your assets, meaning your creditors cannot attempt to recover what you owe, repossess your property, or garnish your wages.

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Sawin & Shea

JANUARY 25, 2022

To enforce secured debts, your creditors may repossess your car or other vehicles, they may foreclose on your mortgage, or levy against other property you have either pledged as collateral or that is subject to an involuntary lien. What collection remedies are allowed will vary by state.

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Collection Industry News

JULY 20, 2020

Sherrod Brown, D-Ohio, has sponsored legislation that prevents debt collectors from engaging in a variety of practices, such as disconnecting utility services or garnishing wages, until 120 days after a major disaster or emergency such as the current coronavirus crisis. All of this has the industry deeply concerned.

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Sawin & Shea

SEPTEMBER 20, 2023

Upon filing a Chapter 7, you receive automatic court-oredered protection from creditors and aren’t subject to lawsuits, repossessions, or wage garnishments. However, a court-appointed trustee can sell any nonexempt property.

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Sawin & Shea

JULY 12, 2023

They’ll be unable to garnish your wages, foreclose on your home, and repossess your belongings. Once you’ve filed your bankruptcy petition, creditors will no longer be able to take any action to collect debts against you. You’ll even have protection from collection calls and other forms of aggressive communication.

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Sawin & Shea

NOVEMBER 15, 2023

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). A Chapter 13 plan can cure arrearages on houses or cars, stopping foreclosures and repossessions.

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Sawin & Shea

JANUARY 24, 2024

The Pros Bankruptcy can stop foreclosures , repossessions, lawsuits, wage garnishment, utility shut-offs, and debt collection activities through its automatic stay provision. Your assets are protected while you make monthly payments to creditors through the court.

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Sawin & Shea

JANUARY 11, 2024

There are some key differences between these two types of bankruptcy.

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Sawin & Shea

JUNE 7, 2023

Creditors can pursue reimbursement from the co-signer via repossessions, foreclosures, wage garnishment , and other aggressive actions. One way that a Chapter 7 bankruptcy filer can avoid making their co-signer financially liable is by reaffirming their debt.

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Sawin & Shea

MARCH 20, 2024

If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. Choosing the right solution is a big step that could affect your life for years to come. You deserve a fresh start.

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Sawin & Shea

JUNE 21, 2023

Removal of your automatic stay protection : You’ll no longer have protection from your creditors, potentially leaving you vulnerable to wage garnishment, debt collection lawsuits, repossessions, and foreclosures.

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Sawin & Shea

OCTOBER 20, 2021

We can, however, use a Chapter 13 filing within the 4-year period of time to protect a person from collection actions, including repossessions, foreclosures, and wage garnishments. It is a stopgap measure as ultimately there is not a discharge at the end of a plan.

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Sawin & Shea

OCTOBER 20, 2021

We can, however, use a Chapter 13 filing within the 4-year period of time to protect a person from collection actions, including repossessions, foreclosures, and wage garnishments. It is a stopgap measure as ultimately there is not a discharge at the end of a plan.

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Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Unsecured Debt 52

Sawin & Shea

JUNE 14, 2023

Although the process takes much longer than Chapter 7, you’ll receive an immediate automatic stay, meaning that your creditors can’t take action against you, such as repossessing collateral and garnishing your wages.

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Sawin & Shea

MARCH 7, 2023

When you file for Chapter 7 bankruptcy, the Court will place an automatic stay upon filing, which stops creditors from collecting payments, garnishing wages, or repossessing property. Chapter 7 bankruptcy, also known as liquidation or straight bankruptcy, can help those having financial difficulties clear away various types of debts.

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Debt Free Colorado

MARCH 3, 2023

What Can’t Bankruptcy Do?

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Burr Forman

DECEMBER 4, 2020

The new bill issued a moratorium on evictions, foreclosures, and repossessions, which expired on June 30, 2020. On April 23, 2020, Governor Gavin Newsom issued Executive Order N-57-20 exempting stimulus payments and other COVID-19-related government financial assistance from attachment, levy, execution, or garnishment.

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Troutman Sanders

JULY 27, 2023

The Bureau last did this in 2016 by announcing in Supervisory Highlights that auto finance companies should prohibit repossession agents from charging personal property storage and retrieval fees, and the Bureau followed that announcement with both supervisory activity and a consent order in 2020 on the same subject.

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