Archive for the ‘Debt Collection Issues’ Category

HOA Fees and Arizona Bankruptcy

8 July 2011 by admin  |  Bankruptcy Process, Debt Collection Issues, General Bankruptcy  |  No Comments

Many Arizona homeowners whether they like it or not belong to an HOA. If you are anything like me, you probably do not care for them. I appreciate that it helps to keep my neighborhood looking nice, and some HOA’s, like mine, try to host regular community gatherings. Even still, I do not care for the red tape I have to go through anytime I want to do anything with my yard, and of course I never like writing that check every month (who does?). I do have to admit, the HOA I belong to is very reasonable and the board does a decent job, but mine is the exception. Most HOAs are ruthless – especially when it comes to collecting a debt.

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Dealing with Secured Creditors After an Arizona Bankruptcy – Part 3 of 3

5 July 2011 by admin  |  Debt Collection Issues, General Bankruptcy  |  No Comments

Most people borrow money to buy expensive but necessary property like homes and cars.  The debt that is incurred for such purchases is typically called secured debt.  A secured debt provides the secured creditor, the bank that loaned the money for the secured debt, with special rights.  The secured creditor can not only collect money from the borrower, but if the borrower stops paying, the secured creditor may repossess or sale the home or car securing the debt. In bankruptcy, secured creditors retain the same right to repossess or sale a home or car, but they must get permission from…

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Creditors Violations During & After an Arizona Bankruptcy – Part 2 of 3

30 June 2011 by admin  |  Debt Collection Issues, General Bankruptcy  |  No Comments

After a person files bankruptcy, some creditors still attempt to collect the debt or sell the debt to a collection agency. Such actions are serious violations of federal law. The whole purpose of the bankruptcy is to relieve the borrower of his/her legal obligation to repay the debt. If a creditor disregards the bankruptcy and the legal protections it affords to the borrower, they will be issued penalties and will be ordered to reimburse the borrower for any money collected after filing the bankruptcy as well as other fees and penalties.

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Dealing with Creditors after an Arizona Bankruptcy – Part 1 of 3

29 June 2011 by admin  |  Debt Collection Issues, General Bankruptcy  |  No Comments

A common concern people have is how to deal with creditors after filing bankruptcy. Many people want to keep one particular credit card or continue using a specific doctor because of the “good relationship” they have established with this particular creditor. Because all debts must be included in your bankruptcy, even your favorite creditors will be discharged in the bankruptcy. This does not mean that you cannot repay them after filing. It just means that the creditor cannot force you to repay them.

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When it comes to Arizona Bankruptcy – Creditors Won’t Stop

15 June 2011 by admin  |  Debt Collection Issues, General Bankruptcy  |  No Comments

Every week I speak with countless individuals requesting information about bankruptcy and whether it is right for them. I can almost guarantee that every week at least one of those individuals will have been served a lawsuit by one of the creditors. Usually, the story behind the law suit indicates one of two patterns:

The first is what I call the John Henry syndrome. (John Henry is the railroad worker that poured every last drop of energy into proving he could do more work than a machine. He ended up beating the machine after a days work, but then laid down and died. The untold portion of this story is that the machine was available to work the next day.)

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Received discharge, then got harassed by the mortgage company trying to collect on the debt. You have rights!

28 April 2011 by admin  |  Debt Collection Issues, General Bankruptcy  |  No Comments

Often times, creditors do not acknowledge the Bankruptcy Discharge Order that was entered in a bankruptcy case. If you have filed bankruptcy, received your discharge and are still being harassed by a creditor whose debt was discharged in your bankruptcy, this is a violation of the discharge and it is illegal.

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Law Suits, Garnishments, & Bankruptcy

9 March 2011 by Admin  |  Bankruptcy Process, Chapter 7 Bankruptcy, Debt Collection Issues, General Bankruptcy  |  No Comments

Lately I have seen an influx of clients who are facing a wage garnishment or who have recently had a creditor garnish their bank accounts.  This is likely due to the fact that this bad economy has been going for years now and creditors are working through the stages of collection calls, filing a law suit, obtaining a judgment, and now obtaining a garnishment.  This process is not a quick one and it make take literally years before a creditor decides to file suit and come after you. The good news is a chapter 7 bankruptcy or a chapter 13 bankruptcy…

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$1.5 Million Awarded Over Profane Debt Collection Calls

11 February 2011 by Admin  |  Chapter 7 Bankruptcy, Debt Collection Issues, General Bankruptcy  |  1 Comment

42.  That is the record number of phone calls a client of mine received from collection agency in a single day.  For those who have fallen behind on payments of any sort often one of the most difficult consequences to deal with is the near constant barrage of collection agencies calling their home.  What a lot of people don’t know is that there are rules that govern collection agencies, what they say to you, and when they can call.  These laws are found in the Fair Debt Collection Practices Act (“FDCPA”). Last year a man named Allen Jones from Texas…

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Stopping Wage Garnishment Through Bankruptcy

4 February 2011 by Admin  |  Chapter 7 Bankruptcy, Debt Collection Issues, General Bankruptcy  |  No Comments

I have seen an uptick so far this year in people who are getting sued by credit card companies and banks after a foreclosure sale (maybe it is a New Year’s resolution of creditors everywhere to sue more).  The thing with unsecured debts like credit card debts, medical bills, etc. is that until they decide to sue you the most they can usually do is call you on the phone and lower your creditor score.  They don’t have any collateral attached to the debt so they really can’t take anything from you.  This all changes once they sue you and obtain a…

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Arizona Bankruptcy Attorney: I’ve Been Sued! Now What?

26 January 2011 by Admin  |  Bankruptcy Process, Chapter 7 Bankruptcy, Debt Collection Issues, General Bankruptcy  |  No Comments

When you aren’t able to pay your bills there is always the chance that your creditors may decide to seek payment through the courts and sue you.  The knock on the door and being served with legal papers causes people to panic and is often the last straw for many people prior to seeking bankruptcy protection from the bankruptcy court. In Arizona, if you are served with a law suit you typically have 20 days to submit a written Answer to the court either admitting or denying the allegations contained within the Complaint.  In Maricopa County Superior Court you will have to…

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