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. Filing for Emergency Bankruptcy.

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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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Account Recovery

JANUARY 13, 2022

The Bankruptcy Appellate Panel, Ninth Circuit, has overturned a bankruptcy’s court ruling that awarded a debtor attorney’s fees after a debt collector filed proofs of claim that were time-barred. A copy of the ruling in the case of LVNV Funding v. Andrade-Garcia can be accessed by clicking here.

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Troutman Sanders

JANUARY 20, 2023

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. As background, the plaintiff did not notify the debt collector, CICA Collection Agency, Inc.

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Troutman Sanders

DECEMBER 18, 2023

On December 15, the Consumer Financial Protection Bureau (CFPB) announced it had reached a settlement with medical debt collector Commonwealth Financial Systems, Inc. Commonwealth) in its lawsuit over alleged illegal debt collection practices.

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Account Recovery

JULY 20, 2022

A District Court judge in Alabama has ruled that a debt collector that outsourced the scrubbing of its accounts for bankruptcy filings is not entitled to the Fair Debt Collection Practices Act’s bona fide error defense and that the requirement of including the mini-Miranda notice in any communication thus turns any communication into an attempt (..)

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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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Sawin & Shea

AUGUST 16, 2023

If you’re wondering “Can I file for bankruptcy without a lawyer?” The option to file for bankruptcy without an attorney, known as Pro Se bankruptcy, is available under the United States bankruptcy law. While it is true that Pro Se bankruptcy can help you save on legal fees, it comes with certain challenges and risks.

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Roths Child Law

JUNE 27, 2023

If you are in high debt, it may be best to file for bankruptcy. This will allow you to enjoy numerous benefits , including relief from debt and potential lawsuits. In addition to these, declaring bankruptcy can be good for your health. Luckily, filing for bankruptcy relieves chronic stress.

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Collection Industry News

APRIL 25, 2023

A debt doesn’t generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

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Account Recovery

MAY 27, 2021

The Connecticut Department of Banking is not happy with a debt collector that filed for bankruptcy protection without making the proper notifications, among other alleged violations, and has issued a $500,000 fine, revoked its license, and ordered it to cease and desist from violating state law, although many of the penalties are likely to be … (..)

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Troutman Sanders

JANUARY 22, 2024

Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the requisite knowledge and intent to violate the Fair Debt Collection Practices Act (FDCPA) when it sent a debt-collection communication prior to any knowledge of the debtor’s bankruptcy filing.

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Burt and Associates

SEPTEMBER 23, 2019

Debt collectors get an incredibly poor reputation, but they are invaluable to both businesses and individuals. If you find yourself in this situation, you should know the best ways to deal with debt collectors to make the process as painless as possible. Reasons a debt collector is reaching out to you.

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Debt Free Colorado

MARCH 3, 2023

Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. The decision to file for bankruptcy is a significant one, and we are here to assist you in determining whether bankruptcy is the best course of action for your circumstances. Do bankruptcies come in different types?

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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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Albuquerque Law

MARCH 11, 2021

Receiving the discharge letter after navigating the bankruptcy process can bring a great feeling of relief. After all, the discharge of your debts is the goal, so you can obtain a fresh start. This file should generally include: A copy of your bankruptcy filing. Copies of the documents in your bankruptcy petition.

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Sawin & Shea

JULY 27, 2022

Debtors who run their credit card balances up before they file for bankruptcy could suffer consequences. Primarily, it could result in your debt becoming ineligible for discharge, which is often the whole point of filing for bankruptcy. So in many cases, running your credit card debt up is not worth it.

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Luftman, Heck & Associates.

JANUARY 20, 2020

No one likes the idea of having to file bankruptcy. But sometimes debts become insurmountable and creditors relentless. The only viable choice may be to seek bankruptcy protection. Depending on your circumstances, bankruptcy can eliminate your debts through liquidation of most Read More.

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Sawin & Shea

DECEMBER 8, 2021

Bankruptcy is often a valuable tool for overcoming debts, but it’s not for everyone. The number of individuals filing for bankruptcy has decreased in the last 20 years, but the number of older individuals declaring bankruptcy has increased. One in seven people filing for bankruptcy is older than 65.

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Debt Recoveries

JUNE 11, 2023

In the case of insolvency or bankruptcy, registering your security interests can assist you in recovering unpaid bills or assets. You can also contact us via Skype at debtrecoveries The post What is Credit Control and How to be a better Debt Collector appeared first on Debt Recoveries Australia. or 1300 799 511.

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Sawin & Shea

DECEMBER 22, 2021

If you are struggling financially and feel bankruptcy is the only option for removing holiday stress, you need to make sure you file at the right moment. Choosing the wrong time to file for bankruptcy can tremendously impact your case in a negative way, including the possibility of dismissal.

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Albuquerque Law

MAY 18, 2020

However, one question remains: who is calling to collect the debt? Is it a creditor or a debt collection agency? Many New Mexicans might believe that creditors and debt collectors are essentially the same. After all, they both look to collect debts. Determine how they can negotiate to repay the debt.

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Sawin & Shea

SEPTEMBER 29, 2021

Bankruptcy is often a wise choice for those overwhelmed by credit card debt and looking to get back on track and rebuild their finances. Though it can be a scary and stressful process, the benefits of filing for bankruptcy tend to outweigh the detriments. What Happens to My Credit Card Debt When I File For Bankruptcy?

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Sawin & Shea

SEPTEMBER 29, 2021

Bankruptcy is often a wise choice for those overwhelmed by credit card debt and looking to get back on track and rebuild their finances. Though it can be a scary and stressful process, the benefits of filing for bankruptcy tend to outweigh the detriments. What Happens to My Credit Card Debt When I File For Bankruptcy?

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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. As a result, the majority of debtors who file for Chapter 7 bankruptcy do not get their college loans dismissed. How do bankruptcy courts handle private student loans, however?

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Albuquerque Law

MARCH 11, 2021

Receiving the discharge letter after navigating the bankruptcy process can bring a great feeling of relief. After all, the discharge of your debts is the goal, so you can obtain a fresh start. This file should generally include: A copy of your bankruptcy filing. Copies of the documents in your bankruptcy petition.

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Roths Child Law

NOVEMBER 7, 2020

Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. Debt obtained from bankrupted finance company. Santander bought the debt from a financier going through bankruptcy, which made Santander the owner of the debt.

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Collection Industry News

JUNE 14, 2021

Ciffa’s offices in Niagara Falls and Kenmore, debt collectors intimidated their victims with illegal threats of arrests and lawsuits. According to federal prosecutors, an elderly cancer patient in Texas was so rattled by the threats that she borrowed $500 from her sister to help pay off a debt of $1,285. Source: site.

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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. Credit counseling and debt management agencies may be able to assist you as you work, but with so many untrustworthy schemes out there, how do you know what the right step should be?

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Collection Industry News

DECEMBER 21, 2020

In the future, the Agency is required to alert the Bureau of any developments, such as any bankruptcy or insolvency proceedings, that could affect their ability to comply with the Consent Order. The post CFPB Reaches Settlement With Debt Collector Over Deceptive Practices appeared first on Collection Industry News.

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Credit Corp

FEBRUARY 23, 2024

Dealing with zombie debt can be extremely complicated as debt collectors may repeatedly contact you about an account that belonged to you years ago. Much like the characters in a post-apocalyptic story, it’s possible to overcome zombie debt with the right know-how.

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Debt RR

OCTOBER 25, 2019

Whether a business falls behind due to cash flow problems or unexpected legal trouble, debt can pile up quickly in tight situations. Dealing with debt collectors is stressful enough for most companies. Receiving a court summons from a debt collector is the last thing a business wants after dealing with their financial problems.

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Sawin & Shea

NOVEMBER 15, 2023

If you’re struggling with financial hardship, filing for bankruptcy can be an effective way to get back on your feet. But filing for bankruptcy in Indiana doesn’t mean every outstanding debt you’ve ever incurred gets wiped away. Declaring bankruptcy will discharge most types of debt but not others.

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Collection Industry News

MAY 30, 2022

New Yorkers facing debt-collection lawsuits are poised to get a little extra help in the wake of a federal court’s ruling — and some observers say it could translate to a win for consumers across the country who have basic legal questions but can’t afford a lawyer. Volunteers would offer the advice after training, according to court papers.

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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. 3d 502 (9th Cir.

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Sawin & Shea

JUNE 25, 2020

After you file for bankruptcy, it is illegal for your creditors to continue contacting you and asking for payments. However, after you file for bankruptcy, your creditors must halt all contact and stop trying to collect payments from you. If I Filed for Bankruptcy but a Creditor Keeps Contacting Me, Now What?

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Troutman Sanders

NOVEMBER 8, 2023

Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt. The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted.

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