Automatic Stay

After you file for bankruptcy, the automatic stay offers potent legal protection against bill collectors.

When you file for bankruptcy, the automatic stay immediately stops any lawsuit filed against you and most actions against your property by a creditor, government entity, or even a collection agency . Moreover, if you are at risk of being foreclosed on, being evicted, being found in contempt for failure to pay child support, or losing such basic resources as welfare, utility services, unemployment benefits, or your job due to garnsihments,  the automatic stay may provide a powerful reason to file for bankruptcy. + Read the full Entry

Posted in Bankruptcy Information  |  By: Thomas McAvity

Your Credit Rights

The Federal Trade Commission (FTC) enforces the credit laws that protect your right to get, use and maintain credit. Much of the text below was taken from an article published on their web site.

A good credit rating is very important. Businesses inspect your credit history when they evaluate your applications for credit, insurance, employment, and even leases. They can use it when they choose to give or deny you credit or insurance, provided you receive fair and equal treatment. Sometimes, things happen that can cause credit problems: a temporary loss of income, an illness, even a computer error. Solving credit problems may take time and patience, but it doesn’t have to be an ordeal.

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Posted in Bankruptcy Information  |  By: Thomas McAvity

Classes Before and After Filing

The article below is culled in large part from an article that can be found on the Federal Trade Commision web site, the link for which can be found on this blog. 

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 launched a new era: With limited exceptions, people who plan to file for bankruptcy protection must get credit counseling from a government-approved organization within 180 days before they file. They also must complete a debtor education course to have their debts discharged.

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Posted in Bankruptcy Information  |  By: Thomas McAvity

Fair Debt Collections Act

The Federal Trade Commission published an excellent overview of what constitutes acceptable behavior on the part of collections agencies. As you read it, do keep in mind that going after collectors for violations requires documenting the actual offenses. To that end, our firm has developed an excellent log for putting a case together against a bad collector. Feel free to contact me at thomas@nwdrlf.com if you would like a copy. A summary of the FTC brochure appears below:

Fair Debt Collection

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Posted in Bankruptcy Information  |  By: Thomas McAvity

Bankruptcy and Divorce Proceedings

Though you can get divorced whenever you want, it often makes sense to wait until a divorce is completed before filing for bankruptcy. Issues regarding property ownership and responsibilities for personal debt will often be cleared up in the divorce.

If you decide to file for divorce in the midst of a chapter 7 case, the filing will likely have little impact: The chapter 7 case will likely end months before the divorce is finalized. If you are on the cusp of filing a chapter 13 case with your spouse and divorce is looming on the horizon, wait to file the divorce until you have spoken to your attorney. You cannot file together if you are no longer married and if you have already filed bankruptcy, at least one of you will likely need to find another bankruptcy attorney to handle your case.

Posted in Bankruptcy Information  |  By: Thomas McAvity

Tips for Consumers in Debt Crisis

Yes! You Can Still File Bankruptcy! Bankruptcy relief is still available. You may have heard about a new law passed by Congress that went into effect in October 2005. While it is true that the new law makes the process much more complicated, the basic right to file bankruptcy and most of bankruptcy’s benefits still remain for most consumers. The cost of filing for bankruptcy also has increased, both in terms of fees you to have to pay the court and the fee you will have to pay your attorney.

Do not procrastinate if you are facing legal action. Often, even when people are in danger of foreclosure or car repossession, or are being sued, or are having their wages garnished – even then, they do not want to think about filing bankruptcy. It is very painful to think of filing bankruptcy – especially before the person understands bankruptcy. In most cases, once bankruptcy options are explained by an experienced attorney, people are greatly relieved to find that their problems can be resolved after all. Do not wait until after your house is foreclosed, your car is repossessed, or your wages are being garnished. Find out what bankruptcy relief is available to you sooner rather than later.

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Posted in Bankruptcy Information  |  By: Thomas McAvity

Class Requirements for Bankruptcy

As you may be aware, the new bankruptcy laws require that you attend a credit counseling session and receive a certificate from an approved counselor prior to filing your case. The certificate of completion of the credit counseling session must be filed with your bankruptcy case. Therefore, your attorney  must a have a copy of the certificate before your case can be filed. 

The new bankruptcy laws also require that you attend a Personal Financial Management session and receive a certificate from an approved counselor prior within a certain time period after filing your case. The certificate of completion of Personal Financial Management should be provided to your attorney prior to your Meeting of the Creditors. 

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Posted in Bankruptcy Information  |  By: Thomas McAvity

Will My Boss Find Out About My Bankruptcy?

Employers rarely find out about a chapter 7  filing. One exception to this rule would be if you were being garnished by a creditor, notice of the the bankruptcy would have to be sent to your payroll department in order to stop the garnishment from continuing. The reality is that your payroll department is likely to regard your filing as good news as they will no longer have to deal with the demands of the garnishing creditor.

If you file a Chapter 13 in Washington or Oregon, your employer or your payroll department is almost always going to find out about your case. This is so because, except under extremely dire circumstances, the court is going to require your plan payment to be paid through a wage order which is submitted to your payroll department. While exceptions are made to this rule, embaressment is not one of them.

Posted in Bankruptcy Information  |  By: Thomas McAvity

Rulers for Multiple Bankruptcy Filers

July 20, 2008
New York Times
By GRETCHEN MORGENSON

The collection agencies call at least 20 times a day. For a little quiet, Diane McLeod stashes her phone in the dishwasher.

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Posted in Bankruptcy Information  |  By: Thomas McAvity

Pay Days Loans in Oregon

 Oregon’s payday lenders all but gone
Quick cash - Consumer advocates claim a victory but fear residents will turn to such lenders on the Web
Sunday, July 06, 2008

BILL GRAVES
The Oregonian Staff
Oregon’s payday lending industry shrank dramatically in the year since the state cracked down on the short-term lenders’ soaring interest rates.

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Posted in Bankruptcy in the News  |  By: Thomas McAvity