Tag Archive

Tag Archives for " protection "

Does Bankruptcy Automatic Stay Stop Child Support Proceedings?

Bankruptcy Debtor holding a child

[huge_it_video_player id=”7″] People file for bankruptcy for many reasons.  Often, one pressing reason is to get a stay of some kind of case or some kind of judgment execution, such as a garnishment.  Claims for domestic support obligations (DSOs) hold a special place in the bankruptcy code, as it is afforded greater priority and protection […]

KEEP READING . . .

3 Things to Ask Bankruptcy Lawyer Before Choosing One to Represent You

Three women discussing bankruptcy cases at a table.

[huge_it_video_player id=”6″] For most people that think about it, the decision to file for bankruptcy is not an easy one.  There are often feelings of failure and defeat attached to a filing.  I think many of us take on credit with the full intention of paying, and try to pay back debts.  That being said, […]

KEEP READING . . .

Foreclosure Mortgage Servicer to Defend Alleged Violation of FDCPA

An open book with text on it.

[huge_it_video_player id=”5″] A mortgage servicer’s motion to dismiss a consumer protection complaint in Florida was denied.  This case is representative of the behavior many debtors experience after their bankruptcy case is over, especially if they had owned a house that was in foreclosure.  Fortunately, the judge in this case is holding the servicer accountable for […]

KEEP READING . . .

Is Avoiding Payment of Debt ‘Bad Faith’ in a Bankruptcy Case?

A model of a human head is on display in a lobby.

[huge_it_video_player id=”4″] Bankruptcy is a tough space.  People and businesses don’t want to file.  Creditors don’t want debts owed to them discharged.  Notwithstanding, this is the system we have in place.  When a bankruptcy is filed, the laws are designed to balance the fresh start contemplated and desired by a debtor with the rights and interests […]

KEEP READING . . .

What happens if I file for bankruptcy and then change my mind? This is one court’s analysis

A pink building with balconies.

[huge_it_video_player id=”3″] Generally, when someone files a chapter 7 bankruptcy case, they rise or fall with their case.  There is no right to voluntarily dismissal of a chapter 7 case (or in a chapter 11 case).  Compare that to a chapter 13 case, where a debtor who files for the first time generally has an […]

KEEP READING . . .

Bankruptcy FAQ: Can I Possibly Be Arrested for Outstanding Credit Card Debt?

A blurry image of an ambulance at night.

Myths abound when it comes to what creditors may do when it comes to collecting their debt.  For sure, there are documented stories of creditor abuse – but those stories are just that, abuse and possible flagrant violations of law.  I was recently retained by a client to file bankruptcy.  One reason, the client told […]

KEEP READING . . .

Homeowners: Keep mortgage servicers accountable in foreclosure cases

San francisco, california - san francisco, california -.

For the many homeowners that have had to deal with foreclosure, or are currently dealing with foreclosure, there is a universal frustration in working with the mortgage servicers.  Countless individuals express frustration at sending documents that are allegedly never received.  Others are shocked by an extension of a trial modification, only to never be converted […]

KEEP READING . . .
>