Chicago Attorney Steven J. Grace

FDCPA for Beginners: Debt Collector Restrictions

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 […]

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FDCPA for Beginners: Understanding Your Rights

FDCPA / Steven J. Grace

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

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Fraudulent Conveyances and Bankruptcy

Asset Protection, Bankruptcy / Steven J. Grace

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

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Why You Should Always Disclose Injury Lawsuits In Bankruptcy

Bankruptcy, Exemptions / Steven J. Grace

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

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How to Discharge Private Student Loans

Student Loans / Steven J. Grace

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

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Using Statutes of Limitations to Defend Against Debt Collectors

Debt Collection / Steven J. Grace

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,

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person reviewing student loan litigation report

Student Loan Adversary Litigation Reports

Student Loans / Steven J. Grace

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

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photo of verizon cell phone in bankruptcy

Verizon Payments and Your Chapter 7 Bankruptcy Case

Bankruptcy, Payment Plans / Steven J. Grace

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,

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Extending the Automatic Stay in Multiple Bankruptcies

Automatic Stay, Bankruptcy / Steven J. Grace

The automatic stay is a key motivator for individuals filing for both Chapter 7 and Chapter 13 bankruptcy, often shaping when they choose to do so. The automatic stay is mostly utilized in Chapter 13 filings due to its ability to prevent vehicle repossession, wage garnishment, and home foreclosure for up to 5 years. Because

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Motions to Compel Turnover: Retrieving Repossessed Vehicles

Bankruptcy, Repossession / Steven J. Grace

If you’ve ever faced the stress of a vehicle repossession, you know just how urgent the situation can become. Chapter 13 bankruptcy can offer a way to regain possession of your vehicle, but time is of the essence. Acting swiftly is crucial before your lender auctions off the vehicle, as once it’s sold, retrieval becomes

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Author name: Steven J. Grace