Facing a revived judgment can be a daunting experience for any debtor. When a creditor seeks to revive a judgment, they’re attempting to extend the period during which they can enforce the judgment against you. This post is designed to empower you as a judgment debtor, providing a helpful guide to understanding the revival process, […]
Judgment Revival in Illinois: A Guide for Debtors Read More »
Welcome to the final installment of our FDCPA for Beginners series. In Part 1, we covered key definitions and how to contest debts early on. Part 2 addressed common violations debt collectors commit during communication. Now, in Part 3, we delve into enforcing the FDCPA, calculating damages, and settlement agreements. Every day, millions of Americans
FDCPA for Beginners: Calculating Damages Read More »
This section addresses the limitations and regulations governing debt collectors, specifically how, where, and when they can communicate with you. Understanding these regulations is essential, as they are fundamental to the Fair Debt Collection Practices Act (FDCPA). Throughout my career, I have encountered numerous accounts of debt collectors using abusive language. Degrading, offensive, and hostile
FDCPA for Beginners: Debt Collector Restrictions Read More »
As my practice expands, I continually encounter new areas of law. One legal issue my clients face is interactions with debt collectors—specifically, when, why, and how they can contact you. The most significant statute governing these activities is the Fair Debt Collection Practices Act (FDCPA). This law is important because it empowers the courts to
FDCPA for Beginners: Understanding Your Rights Read More »
I frequently receive inquiries about whether transferring a house into a friend’s name before filing for bankruptcy is a viable strategy. Beyond the severe risks of bankruptcy fraud, there are other crucial considerations. A Chapter 7 or Chapter 13 bankruptcy trustee has the authority to invalidate such transfers, potentially selling the property and distributing the
Fraudulent Conveyances and Bankruptcy Read More »
A question that often comes up in my practice is whether lawsuits, potential lawsuits or other types of legal claims need to be disclosed on a bankruptcy petition. The resounding answer to this question is definitely yes. In fact, if you leave off an injury or workers compensation lawsuit it will probably end up hurting
Why You Should Always Disclose Injury Lawsuits In Bankruptcy Read More »
Discharging private student loans in bankruptcy is notoriously challenging. The statutory framework governing student loans is designed to render most “educational” debt presumptively non-dischargeable. This means that when you file for bankruptcy under Chapter 7 or Chapter 13, your private student loan debt typically remains unaffected by the discharge order. This means you will still
How to Discharge Private Student Loans Read More »
One of the most frequent and critical questions I encounter in my practice concerns how to respond to demands from collection agencies. This is particularly important if you believe the debt is beyond the statute of limitations. Once a debt has surpassed this period, it becomes legally uncollectible. This means that neither the original creditor,
Using Statutes of Limitations to Defend Against Debt Collectors Read More »
After you have filed your student loan adversary discharge case with the Court, it will be assigned to an Assistant US Attorney (AUSA) who represents the Department of Education (ED). This attorney will be responsible for evaluating your case to determine whether or not you will qualify for an adversary discharge of your government student
Student Loan Adversary Litigation Reports Read More »
If you’ve recently filed for Chapter 7 bankruptcy and are a Verizon customer for cellular or internet services, you may have received an email regarding your payment options during bankruptcy proceedings. In it, Verizon Wireless lists the devices subject to purchase money security interests, providing specific details including agreement numbers, dates, device models, amounts financed,
Verizon Payments and Your Chapter 7 Bankruptcy Case Read More »
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