Collection Industry News

MAY 18, 2021

The case arose from a consumer’s claim that, when he noticed his credit report still reflected a delinquent mortgage after he had discharged his debts in Chapter 7 bankruptcy, he notified the CRA of the inaccuracy. Source: site. A panel of the U.S. The CRA took no further steps to verify the debt at that time.

Judgment 40

Judgment Chapter 7 bankruptcy Bankruptcy Loans 40

Sawin & Shea

AUGUST 18, 2021

Code § 525 – Protection against discriminatory treatment) it is illegal to fire someone simply because they have filed for bankruptcy. The bankruptcy would cause an automatic stay, preventing creditors from continuing to attempt to collect debts while you continue with your case. What about potential future employers?

Bankruptcy 105

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Garnishment 105

Sawin & Shea

AUGUST 25, 2021

However, the requirements for Chapter 7 and Chapter 13 Bankruptcy are different, so we’ll discuss each of them separately. In Chapter 7 Bankruptcy , you file papers with the Bankruptcy Court asking for immediate protection from your creditors and ultimately for an elimination (discharge) of most debts.

Chapter 7 bankruptcy 80

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Creditors 80

Sawin & Shea

AUGUST 30, 2023

Although businesses can also declare bankruptcy, we will focus on personal bankruptcy in this article. In Chapter 7 Bankruptcy , (sometimes misleadingly described as liquidation bankruptcy), certain debts are discharged within 3-4 months. Civil court judgments (not counting anything that was based on fraud).

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

Credit Corp

MAY 1, 2024

File for Bankruptcy Bankruptcy is a legal process that allows you to eliminate some or all of your debts. In a Chapter 7 bankruptcy, also known as a liquidation bankruptcy, a trustee sells some of your assets and uses the proceeds to repay as much of your debt as possible.

Credit Card Debt 59

Credit Card Debt Chapter 7 bankruptcy Bankruptcy Creditors 59

Sawin & Shea

MAY 19, 2021

If you are thinking of filing for Chapter 7 or Chapter 13 bankruptcy, or if you have already filed, you may be concerned about how long the bankruptcy will stay on your credit report. The situation is more complicated with Chapter 13 bankruptcy. We are here to help.

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Student loans 98

Sawin & Shea

APRIL 13, 2021

Chapter 7 Bankruptcy. If you file for Chapter 7 bankruptcy, you may be able to stay in your house for a little while longer before you are foreclosed on. If your house sells after you have safely declared Chapter 7 bankruptcy, you can keep a portion of your equity rather than having it go to your creditors.

Chapter 13 bankruptcy 80

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Foreclosure 80

Sawin & Shea

JUNE 16, 2021

Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. Chapter 7 bankruptcy: In this type of bankruptcy, your non-exempt assets (if any) have been liquidated to pay off a percentage of your debts. This is not true. We are here to help.

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Loans 98

Sawin & Shea

SEPTEMBER 28, 2022

Will my bankruptcy show up on a pre-employment check? Chapter 7 bankruptcies remain on your credit report for 10 years and Chapter 13 bankruptcies remain for 7 years. You can read about this in detail in our article, How Long Does a Bankruptcy Stay on Your Credit Report?

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Garnishment 52

Sawin & Shea

DECEMBER 8, 2021

Certain debts can be discharged entirely when filing Chapter 7 bankruptcy, but not everyone is eligible for Chapter 7 bankruptcy. Some people have too high of an income or have assets that require making monthly payments through filing Chapter 13 bankruptcy. .

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Creditors 52

Roths Child Law

JANUARY 31, 2023

It is important that you understand how these types of bankruptcies differ. If you are seeking to discharge unsecured debts like medical debts, credit card debts and unsecured loans, then you need to file for Chapter 7 bankruptcy. Bankruptcy can give you a fresh start.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

Roths Child Law

DECEMBER 20, 2022

However, it is important to understand that other valid reasons may exist for firing or reprimanding you (such as dishonesty, incompetence or gross misconduct) and you cannot use bankruptcy to protect you from employer action based on these reasons. . Sometimes, your employer may not know if you are filing for Chapter 7 bankruptcy.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Garnishment Judgment 52

Debt Free Colorado

JANUARY 3, 2020

Generally, “no new license shall be issued to such person unless and until such judgment is satisfied or vacated or execution therein stayed and proof of financial responsibility given.” the bankruptcy eliminates the requirement that you pay off the debt.

Bankruptcy 59

Bankruptcy Chapter 7 bankruptcy Judgment Lawyers 59

Sawin & Shea

AUGUST 4, 2021

Because a short sale is such a complicated process, you are advised to work with a bankruptcy attorney who understands the complexities of cases like this and who can protect you against a deficiency judgment or other liabilities that may pertain after the sale. What if you file for Chapter 7 bankruptcy?

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Foreclosure Lender 52

Sawin & Shea

JUNE 28, 2023

Do Not: Try to Transfer or Hide Assets If you’ve transferred any assets to another party before declaring bankruptcy, you’re not gaining any protection. If assets are transferred in anticipation of filing for bankruptcy, a trustee can recover those assets in a Chapter 7 bankruptcy since the transfer would rightfully be seen as fraudulent.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Creditors Garnishment 52

Roths Child Law

JULY 26, 2020

It can be helpful to learn more about the bankruptcy process and what happens if you need to move forward with this process. Chapter 7 bankruptcy is a popular option because it only takes a few months to complete. What happens during bankruptcy?

Chapter 7 bankruptcy 40

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Unsecured Debt 40

Troutman Sanders

FEBRUARY 22, 2023

The couple filed for chapter 7 bankruptcy protection, in part to discharge the judgment debt. The buyer filed an adversary proceeding contesting the dischargeabilty of the judgment. Second, the judgment is a ‘debt.’ For these reasons, the Court affirmed the Ninth Circuit’s judgment against the debtor.

Debtor 52

Debtor Bankruptcy Chapter 7 bankruptcy Judgment 52

PBWT

APRIL 14, 2021

Morrison filed for chapter 7 bankruptcy in August 2018, but the bankruptcy court permitted the state-court action to go forward while staying the execution of any judgment. The plaintiffs appealed the judgments on the fraudulent transfer claims.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Judgment Debtor Bankruptcy 52

Sawin & Shea

JULY 28, 2021

If you file for Chapter 13 Bankruptcy in Indiana, you will still be obliged to pay something toward your debts; it’s just that you will be given a payment plan that reduces your unsecured debts based upon your ability to pay, that puts you on a manageable schedule, and that holds your creditors at bay while you work on making achievable payments.

Bankruptcy 105

Bankruptcy Credit Card Debt Chapter 13 bankruptcy Chapter 7 bankruptcy 105

Troutman Sanders

MARCH 26, 2021

The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. 20-1524, 2021 U.S. LEXIS 7126 (7th Cir.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Fair Debt Collection Judgment 52

Sawin & Shea

APRIL 19, 2023

A common question is, “Does bankruptcy cover payday loans?” There are two kinds of bankruptcy, both of which can be helpful if your payday loan debt has spiraled out of control. Chapter 7 bankruptcy , also called liquidation bankruptcy, allows you to discharge all or most of your debt, including payday loan debt.

Bankruptcy 52

Bankruptcy Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 52

Sawin & Shea

NOVEMBER 15, 2022

If a potential employer runs a background check, they’ll discover your bankruptcy. And if they search your credit history, they’ll also likely spot your bankruptcy filing. A Chapter 7 bankruptcy remains on your credit history for ten years, and a Chapter 13 bankruptcy will stay on your credit history for seven years.

Chapter 13 bankruptcy 105

Chapter 13 bankruptcy Bankruptcy Garnishment Chapter 7 bankruptcy 105

Debt Free Colorado

MARCH 3, 2023

For ten years after filing for bankruptcy, lenders will be more reluctant to extend credit, and it may even be challenging to get employment. A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Credit Counselor Chapter 7 bankruptcy 52

Debt Free Colorado

APRIL 9, 2020

If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. Either way, you should speak with an experienced debt relief attorney about strategies for dealing with unsecured creditors.

Student loans 82

Student loans Student Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 82

Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection Cases. The survey data showed that more than 70% of debt collection suits ended in default judgments. In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far as trying to collect on the judgment. • Filing bankruptcy.

Collections 40

Collections Debt collector Chapter 13 bankruptcy Chapter 7 bankruptcy 40

Sawin & Shea

OCTOBER 19, 2022

Differences between Chapter 7 and Chapter 13 Bankruptcies. With Chapter 7 bankruptcy , you may get a car loan upon receipt of your discharge notice, which can take several months. Sawin & Shea, LLC can guide you through the process of buying a car post-bankruptcy.

Chapter 13 bankruptcy 19

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Loans 19

Sawin & Shea

SEPTEMBER 15, 2021

Like all debts in bankruptcy, an automatic stay is put into place upon filing (the creditors have to leave you alone) for at least a period of time. You may also be interested in reading our blog: Will I Lose My Social Security Benefits if I File For Bankruptcy? What’s the catch? Well, you can’t have committed fraud.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

Sawin & Shea

SEPTEMBER 15, 2021

Like all debts in bankruptcy, an automatic stay is put into place upon filing (the creditors have to leave you alone) for at least a period of time. You may also be interested in reading our blog: Will I Lose My Social Security Benefits if I File For Bankruptcy? What’s the catch? Well, you can’t have committed fraud.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

ABI

JANUARY 12, 2022

a bankruptcy court in Kentucky held that student loans will not be discharged when the debtor earns “well above the poverty level,” when the debtor’s circumstances “are not likely to persist,” and when the debtor has not made any good faith effort to repay the loans. [2] United States Dep’t of Educ. , 1] Hull v.

Student loans 45

Student loans Student Loans Loans Debtor 45

Credit Corp

JUNE 14, 2023

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. Discharged Chapter 13 bankruptcies are generally removed after seven years from the filing date.

Foreclosure 89

Foreclosure Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy 89

ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff Member. . A court order for a stay pending appeal temporarily suspends the effect of a judgment while the decision is pending on appeal. [1] 5] Five years later, the Debtor commenced a voluntary chapter 7 bankruptcy proceeding. [6] John’s University School of Law.

Debtor 40

Debtor Bankruptcy Judgment Chapter 7 bankruptcy 40

Consumer Financial Services Law

SEPTEMBER 27, 2016

In Presswood , the Chapter 7 debtor, a sole proprietor, received two prepetition faxes which he alleged violated the TCPA. Three years after filing a Chapter 7 bankruptcy, the debtor filed a class action for violations of the TCPA. This case is reminiscent of the spate of recent offer of judgment cases.

Bankruptcy 40

Bankruptcy Chapter 7 bankruptcy Debtor Judgment 40

Sawin & Shea

MARCH 2, 2022

The actual bankruptcy judge presiding over your case will not be present at this meeting, which helps preserve their neutrality in making a judgment about your case if there is cause for them to hear something out of the ordinary. Most Debtors in bankruptcy never have a hearing in front of the actual judge.

Chapter 13 bankruptcy 105

Chapter 13 bankruptcy Bankruptcy Creditors Chapter 7 bankruptcy 105

Sawin & Shea

JANUARY 25, 2022

Once the lender has obtained a court judgment against you, they can then proceed to use aggressive collection remedies to pay back what you owe. If you continue to miss payments, the lender will typically report your account to credit reporting agencies and hire a debt collector to obtain what you owe.

Unsecured Debt 52

Unsecured Debt Collateral Secured debt Bankruptcy 52