Dealing With Creditors

Client Wins $10,000 Judgment Against Creditor

11/22/13

A bankruptcy court today gave one of my bankruptcy clients a $10,000 judgment against one of his creditors for attempting to collect a debt after the entry of the debtor’s discharge. A key part of my client’s success was his detailed documentation of collection letters and calls as well as my own repeated written warnings to the creditor.

[more]

Client Wins $10,000 Judgment Against Creditor

11/22/13

A bankruptcy court today gave one of my bankruptcy clients a $10,000 judgment against one of his creditors for attempting to collect a debt after the entry of the debtor’s discharge. A key part of my client’s success was his detailed documentation of collection letters and calls as well as my own repeated written warnings to the creditor.

[more]

Settlement of Student Loan Debt

09/26/13

There have been many news reports recently about the large amount of student loan debt burdening young people entering the workforce. Most people know that bankruptcy may not discharge student loan debt except in circumstances of “extreme hardship.” . I am often asked by clients or just blog readers for suggestions dealing with large amounts of student loan debt.

[more]

Credit Reports After Chapter 7 Bankruptcy

07/23/13

Many clients have questions about their credit after filing bankruptcy. One of my clients called and asked whether his Chapter 7 bankruptcy discharge of a credit card debt means that the creditor has to remove the debt from his credit report.

[more]

Can Marital Settlement Agreement Supersede Bankruptcy Discharge?

04/22/13

A commercial contract cannot waive your right to file bankruptcy. A credit card company or a mortgage lender may not enforce a provision in their documents that states you are not permitted to file bankruptcy so as to disqualify your bankruptcy petition. Contractual provisions waiving your right to file bankruptcy are void.

[more]

How To Avoid HOA Dues And Other House Expenses After Filing Bankruptcy

11/15/12

As mentioned in prior blog posts, some Chapter 7 bankruptcy debtors who intend to surrender and move out of their upside down homes are incurring personal liability for home related expenses incurred after their bankruptcy filing.

[more]

Points Guy Explains Credit Scores

11/01/12

Many of my clients ask me how their situation and my proposed solutions will affect their credit score. One of the best explanations of credit scores I’ve seen is in a post on a travel blog called The Points Guy.

[more]

Redressing Debt Collection Abuses In Bankruptcy Court

01/18/12

Some people file bankruptcy mainly to end what they consider to be harassment by debt collectors. Enthusiastic and aggressive bill collectors often use collection tactics that violate protections afforded debtors by the federal Fair Debt Collection Practices Act. Sometimes a bankruptcy will tell their bankruptcy attorney about repeated overly aggressive and illegal debt collection actions which helped drive the client to consider filing bankruptcy.

[more]

Responding To Debt Collectors

11/17/11

Often people call me and ask me to help them deal with creditors calling to collect money. I always explain that handling collection calls is not legal work, and they will waste money paying attorneys to respond to collection calls.

[more]