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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Sawin & Shea

JUNE 7, 2023

If you have a co-signer associated with your debt or if you are a co-signer, you need to be aware of how financial liability works and what happens when the primary debtor declares bankruptcy. Fortunately, in this blog, we’ll unpack cosigner responsibilities when it comes to bankruptcy and debt. What’s a Guarantor?

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Sawin & Shea

APRIL 10, 2024

Chapter 7 bankruptcy is a great financial solution for those struggling with debt, especially unsecured debts. With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. In this blog, we discuss what assets and property a debtor may lose in Chapter 7 bankruptcy.

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Credit Corp

MAY 1, 2024

Credit card debt forgiveness, also known as debt settlement, involves negotiating with creditors to reduce the amount owed on your credit card balances. trillion in credit card debt. What Is Debt Forgiveness? What Is Debt Forgiveness?

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Sawin & Shea

NOVEMBER 8, 2023

Factors like inflation, high interest rates, and economic uncertainty have found more and more Americans relying on credit cards to get by. In fact, Americans are at an all-time high when it comes to credit debt to the tune of $1 Trillion. On average, Americans individually carry about $7,951 in credit card debt.

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Troutman Sanders

JANUARY 27, 2023

On July 19, 2022, the Ninth Circuit Bankruptcy Appellate Panel ruled that a creditor’s proof of claim — while meeting the standard of the Bankruptcy Code — was insufficient to enforce the debt under state law and was therefore subject to disallowance. The debtors filed an objection. The debtors appealed. and a $176.30

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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. 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. What is the difference?

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Troutman Sanders

AUGUST 29, 2023

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. In McCrobie v. The defendants objected.

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Sawin & Shea

APRIL 5, 2023

It offers a fresh start and the opportunity to reorganize finances, discharge certain debts, and regain financial stability. However, many debtors have questions regarding how filing for bankruptcy impacts child support payments and debts. Can You File Bankruptcy on Child Support?

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Sawin & Shea

SEPTEMBER 6, 2023

In most cases, Chapter 7 bankruptcy allows the debtor to postpone a foreclosure sale, but does not stop the process permanently. In other words, a Chapter 13 Plan can reorganize debts in ways that can help struggling homeowners get back on track with their mortgage payments, curing arrearages and making ongoing monthly payments.

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Sawin & Shea

MARCH 13, 2024

A reaffirmation agreement is a document that re-obligates a debtor to repay a particular debt, such as a car loan, mortgage, or other loan type. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars.

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Sawin & Shea

SEPTEMBER 27, 2023

Chapter 7 is also known as liquidation bankruptcy because in exchange for receiving a discharge of most kinds of debts, the debtor has to give up non-exempt assets. The money earned from these sales then goes to the creditors and any remaining balances on the debts are discharged.

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Collection Industry News

JUNE 7, 2021

Debtor wouldn’t reasonably be misled. A debt collector’s offer to settle an outstanding debt didn’t need to inform the consumer that their balance could increase due to interest and fees, because it didn’t make the letter misleading under federal law, the Second Circuit said Friday.

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Sawin & Shea

SEPTEMBER 14, 2022

What is Consumer Debt? Consumer debt refers to an individual, family, or household’s debts incurred through personal spending and expenses. With consumer debts, co-debtors receive the protection of an automatic stay.

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Sawin & Shea

MARCH 6, 2024

Also, if your credit score is already quite low, you may not be able to qualify for low interest which makes debt consolidation a useful method of debt management. How Does Debt Consolidation Work? Pros & Cons of Bankruptcy Bankruptcy, like other methods of debt management, has its benefits and drawbacks.

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Sawin & Shea

AUGUST 23, 2023

Chapter 7 is also known as the “liquidation bankruptcy” because it allows individuals to liquidate all non-exempt assets to help pay off their debt. Most Debtors, however keep everything they have. Unlike Chapter 7 bankruptcy, Chapter 13 allows debtors to create a repayment plan over three to five years.

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Sawin & Shea

AUGUST 2, 2023

Some people may be overwhelmed with credit card debt, especially those who spend more than 20% of their annual net income on credit card bills, have maxed out limits on several cards, and/or can only afford to pay the minimum on credit card bills. When Should I Contact an Attorney?

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FFGN COLLECT NY

MARCH 10, 2023

Although, in some scenarios, a hybrid situation can occur, understanding the definition of consumer debt and commercial debt is key. Consumer debt refers to any debt incurred for personal, family, or household purposes such as credit card debt and medical bills.

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Sawin & Shea

MARCH 20, 2024

They typically answer questions from a debtor about back taxes, filing annual tax returns, and tax penalties they may owe. A bankruptcy attorney helps someone clarify and organize their finances while getting most types of debt discharged. What’s the Difference Between a Tax Attorney and a Bankruptcy Attorney?

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FFGN COLLECT NY

JANUARY 29, 2023

Increases in food prices, housing costs, utilities, record-level credit card debt, and layoffs, signal the defaulted payments to come. The borrower’s default and high level of debt preclude them from borrowing more money. Defaulted payments are not only bad for a lender, they are bad for a borrower.

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Public Citizen

OCTOBER 29, 2020

From NCLC's press release: As millions of families suffer job loss or struggle to pay bills during COVID-19, states have an important role in protecting them from seizure of essential wages and property to pay old debts. No Fresh Start 2020: Will States Let Debt Collectors Push Families into Poverty in the Wake of a Pandemic?

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Sawin & Shea

MAY 5, 2021

It is difficult to know exactly how many because often people will use credit cards to pay off medical or other bills when they are struggling with debt, and so the reason on a survey may be “credit card debt” even though the situation began as medical debt.

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Collection Industry News

JUNE 1, 2023

These technologies enable debt collectors to automate repetitive tasks, streamline workflows, analyze data more effectively, and personalize communication with debtors. Embracing technology can lead to increased productivity and better outcomes for debt collection agencies.

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Taurus Collect

JUNE 16, 2022

Having debts in the collection primarily means that a third party is pursuing you to retrieve payments for your debts on behalf of your creditors. Debt collection is a process that gives debtors certain rights that debt collection agencies must respect. Taurus Collections (UK) Ltd. is here to assist!

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Taurus Collect

JANUARY 24, 2023

These companies typically employ several tactics in order to recover debt, including phone calls, emails, letters, and even legal action. For many debtors, their primary contact with collectors will be through phone conversations. But if you use the right strategies during tax season, you can make a big dent in your debt load.

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Troutman Sanders

FEBRUARY 3, 2023

As background, the plaintiff filed suit after receiving a collection letter from SAS, stating the total due on her debt was $2,017.83 The debt stemmed from a 2014 judgment on a credit card debt for $1,015.20, which included pre-judgment interest of 9% and certain fees and costs.

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Credits Inc

OCTOBER 26, 2019

Creditors give loans to millions of citizens, and thus credit companies are too busy to follow up on the debtors. For this reason, creditors are hiring debt collection agencies to collect debts that are 60 days past the agreed period. Debt collection agencies communicate to debtors via calls, letters, or emails.

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Sawin & Shea

JANUARY 12, 2022

Debt elimination is typically one of the primary reasons a debtor will pursue bankruptcy. While filing for bankruptcy is often the best course of action if you are overwhelmed by debt and struggling to stay afloat, it’s important to understand what debts can and cannot be discharged in bankruptcy.

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Better Credit Blog

DECEMBER 22, 2021

. “Since personal loans typically come with lower interest rates than credit cards, a debt consolidation loan can lower the cost of your debt — which means you won’t have to pay as much to close your accounts,” says Anna Serio, Finder’s lending expert and certified Commercial Loan Officer.

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Sawin & Shea

MARCH 7, 2023

Also, if you have a debt that is a lien against collateral (a car loan, a mortgage loan), the creditor can force a return of that collateral to try and partially satisfy their debt. What Will Happen to My Credit Cards When I File Chapter 7? Most debtors cannot keep their credit cards when they file for Chapter 7.

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Sawin & Shea

APRIL 12, 2023

In most cases, Chapter 7 rules protect assets that are classified as exempt at the time you file versus unsecured debt which is not protected. Unsecured debt includes things like credit card debt, medical debt, and personal loans.

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Debt Free Colorado

FEBRUARY 21, 2022

It is prohibited for debt collectors to utilize unfair techniques, harass, or deceive consumers while seeking to collect consumer debts under the federal Fair Debt Collection Practices Act (FDCPA). The Fair Debt Collection Practices Act (FDCPA) applies to collection firms and debt collectors attempting to recover consumer debts.

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Sawin & Shea

AUGUST 24, 2020

Bankruptcy may affect your credit score (it sometimes can make your score better!), Whether or not you file for bankruptcy also depends on the kind of debt you have. Chapter 13 Bankruptcy: Chapter 13 bankruptcy is a reorganization of debts for debtors with regular income. but it can also help give you a fresh start.

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Sawin & Shea

APRIL 17, 2024

Chapter 13 Bankruptcy Discharge Once you complete paying off your repayment plan over three to five years, the court will discharge your eligible debts. The reason why creditors prefer you file Chapter 13 is because Chapter 7 bankruptcy discharges unsecured debts after the trustee liquidates nonexempt assets.

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Collection Industry News

MARCH 23, 2021

Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

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National Service Bureau

APRIL 2, 2015

If a debtor has a complaint about collection agency behavior, the CFPB is where they report it. In 2014 there were 38,751 complaints filed in the United States regarding the behavior of 1,736 different debt collection companies. Complaints by industry were highest with credit card debt collection.

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Consumer Financial Services Law

OCTOBER 3, 2019

Kevin Rotkiske accumulated credit card debt between 2003 and 2005, which was then referred to Klemm & Associates for collection. Klemm to decide whether this statute of limitations is paused until a plaintiff discovers the basis for his or her lawsuit. The facts underlying the case are straightforward.

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