Attorney Blogs

You just got Served! Or did you?

Many people find themselves owing high balances on multiple credit cards.  The Covid pandemic shutdowns caused many people to accumulate debt they otherwise would not have, and now they are trying to figure out how to climb out of the debt.  Many times, if you use your credit cards, the bank will...

Are debt relief programs a real solution?

Wage garnishment

Secondary debt buyers creditors

Fraudulent transfers and bankruptcy

When you file a bankruptcy case, some things you did prior to the filing can cause problems.  One such thing is preferential payment.  A preferential payment or transfer occurs when a debtor pays one or more creditors while not paying other creditors.  This is preferring one creditor over another...

Debt collection, Hunstein v. Preferred Collection

Bankruptcy or Debt Defense?

Thousands of people are sued every day for debt.  For many, perhaps most, this is the first time they have ever been involved in a lawsuit.  The realization that you will have to participate in a legal process, appear in court, speak before a judge, and pay an old debt (that has undoubtedly grown...

“A lawsuit has been filed against you.” Something no one wants to hear, but if you've just been served with a Summons in a civil lawsuit, these are the first words that you'll read when glancing over the paperwork. Learning that a lawsuit has been filed against you can often be a stressful situat...

Bankruptcy, Judgments

Tax Refunds, Stimulus checks, bankruptcy

Statue of limitations

If you find yourself behind on your mortgage and in fear of losing your home, chapter 13 bankruptcy may be a good option to catch up or obtain a modification on the mortgage.  In Chapter 13 bankruptcy, you can have up to 5 years to pay back the missed payments you owe on your mortgage.  During th...

The CARES Act is set to expire on March 27, 2021.  The CARES ACT provided relief to those suffering economic hardship due to Covid-19, by allowing a borrower to skip mortgage payments on federally backed mortgages and preventing those lenders from filing foreclosure.  Many borrowers have taken ad...

Bankruptcy and Liens

The Consumer Financial Protection Bureau will now allow debt collectors to contact consumers in more ways than one. Phone, email, text, and even social media platforms are all fair game. Sometime in 2021, debt collectors will be allowed to send (7) debt calls a week along with unlimited texts,...

A concern for many people needing to file bankruptcy is what do I do about a vehicle.  There are more options than you might think.  I previously wrote about vehicle options in chapter 7.  This blog will focus on vehicle options in chapter 13. First, I will discuss cases where the Debtor's vehic...

It's a homeowner's nightmare: the Covid 19 crisis has caused a significant loss of income and now you've missed mortgage payments. You applied for a loan modification but found out you don't qualify. You realize that you can't afford the home anymore and would sell but one thing is stopping you: ...

Dealing with financial hardship due to medical debt

Bankruptcy and concerns about losing your home.

Many people are being affected by the COVID-19 pandemic and have a lot of questions in regard to their finances. One of the questions I receive often is “Should I pay my student loans at this time?”.  The answer generally depends on the type of student loan you have.  The CARES Act passed earlie...

Harassing phone calls from Debt Collectors

How a mortgage loan modification can help you save your home and the options it provides.