Creditor Harassment

Published on: September 19, 2011

My Mother Died. Am I Responsible For Her Debt?

After the death of a friend or loved one, it can be very confusing what to do with their finances. When an individual dies, sometimes the debt they leave behind must be paid by their estate, other times it does not. If the deceased had a co-signer on a debt, then that co-signer is still legally responsible for that debt. In some states, a spouse may also still be liable for certain debts such as health care expenses.

Oftentimes, a relative is NOT liable for the debts of the deceased. But a creditor may call you and imply that you are responsible or try and guilt you into paying. This may be illegal and our Jacksonville Consumer Law Attorney may be able to make the creditor stop their collection activities against you and sue the creditor for any damages.

Before you pay for these debts, contact a Jacksonville Consumer Law Attorney to discuss if you must pay the debt or not.

Published on: September 15, 2011

Filing Numbers Down in Middle District of Florida

By David M. Goldman

The Middle District of Florida has Divisional Locations in Jacksonville, Ocala, Orlando, Tampa, and Ft. Meyers. Bankruptcy filings within the Middle District of Florida have dropped 17.2% between January and June, 2011, compared with the same time frame in 2010. Although this seems to be good news for the economy, many people are still faced with outstanding debts that they just cannot handle. Filing for bankruptcy can get you a fresh, new start. If you would like to talk about your options, contact a Jacksonville Bankruptcy Attorney today for a free consultation.

Published on: September 13, 2011

Toni Braxton Receives Bankruptcy Discharge

By David M. Goldman

Famous singer Toni Braxton filed for relief under Chapter 7 Bankruptcy in September of 2010, listing luxurious personal property items, such as a Porsche, lavish household contents, and expensive jewelry. She claimed around $1.6 million in assets. The judge in her case has now granted her a discharge. This means that she will no longer be liable for certain debts. This is her second bankruptcy preceding since 1998.

To see what assets of yours you would get to keep after filing for bankruptcy, contact a Jacksonville Bankruptcy Attorney today to discuss your specific situation.

Published on: September 9, 2011

Mortgage Help In Bankruptcy

By David M. Goldman

Many people find that bankruptcy is the right option for them if they are having problems paying their mortgage. First, a Chapter 13 bankruptcy can give you time to catch up on the arrearages that you owe through a Chapter 13 Plan. Also, your Jacksonville Bankruptcy Attorney can file a motion within your bankruptcy requesting that your Judge order the mortgage company attend mediation, where your Jacksonville Bankruptcy Attorney can negotiate on your behalf to reach an amicable resolution. Finally, if you feel that you cannot or do want to catch up on your mortgage and are ready to walk away from your house, surrendering the property in your bankruptcy will shield you from any liability from a deficiency judgment.

If you are behind on your mortgage, contact a Jacksonville Bankruptcy Attorney today to discuss your options.

Published on: September 8, 2011

What Should I Do If I Receive a Summons From A Collection Agency?

By David M. Goldman

If you receive a summons from a collection agency, you have two options: respond or do not respond. If you do not respond, you will get a default judgment against you. This opens you up for garnishments or liens on your property. The better option is to respond to the complaint filed against you. This will give you the opportunity to defend yourself and/or negotiate a settlement. You only have a certain amount of time to respond to the summons, so you must do so in a timely manner. The time limit that you have should be listed on your summons, it is usually between 21 and 30 days.

If you have received a summons and would like to speak with Jacksonville Bankruptcy Attorney call 904-685-1200 today.

Published on: September 8, 2011

Private School Loans Dischargeable in Bankruptcy?

By David M. Goldman

There is current legislation before both the US Senate and US House of Representatives that would allow private school loans to be discharged in bankruptcy, as most of them were before the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Legislators are reasoning that there is a strong interest in not allowing federally backed student loans to be discharged in bankruptcy, but these reasons do not apply to private school loans and so they are rethinking the laws. The New York Times wrote an interesting article on the topic.

To see if your loans qualify for discharge, contact a Jacksonville Bankruptcy Attorney today to discuss your situation.

Published on: September 7, 2011

Am I Still Liable For A Bill That Is Eight Years Old?

By David M. Goldman

In Florida, a statute of limitations puts a limit on the amount of time for which you are liable for a debt. For an oral contract, the limit is 4 years. For a written contract or promissory note, the limit is 5 years. On a revolving balance contract, such as credit card, the statute of limitations is 4 years.

If you think that you do not owe a debt because the statute of limitations has run out, contact a Jacksonville Consumer Law Attorney at 904-685-1200 for a free consultation to find out.

Published on: August 31, 2011

Can I Get Rid of My Student Loan Debt in Bankruptcy?

By David M. Goldman

The average student loan debt for a four-year degree is over twenty-three thousand dollars. Many people understandably want to get rid of this debt. However, student loan debt is very difficult to discharge in bankruptcy.

Generally, student loan debt is nondischargeable unless the debtor can prove he or she would suffer an “undue hardship”. Whether or not you are suffering an undue hardship is up for the court to decide, but it’s important to realize that this is a relatively high standard to show. Courts often look at whether you made a diligent effort to pay the debt, find a good paying job, and reduce your living expenses. In actual practice, almost the only way that you are going to get your student loans discharged through bankruptcy is if you are permanently disabled, with no opportunity or ability to get a job to repay your student loans.

If you are in debt and are thinking of filing bankruptcy, contact a Jacksonville Bankruptcy Attorney to discuss what debts can ben discharged and whether filing is right for you.

Published on: August 30, 2011

I Received A Discharge In Bankruptcy, But The Creditor Keeps Contacting Me. What Should I Do?

By David M. Goldman

If the debt was properly listed on your bankruptcy schedules and subsequently discharged, the creditor no longer has the right to collect that debt from you. If the creditor is continuing to harass you, you should have your Jacksonville Bankruptcy Attorneywrite a cease and desist letter to the creditor. This usually cures the problem and the creditor will stop contacting you. If, however, the creditor continues to try and collect the debt, this is illegal and your Jacksonville Bankruptcy Attorney will file a complaint against them for possible discharge violations, FDCPA violations, FCCPA violations, and/or FDUTPA violations. Often times attorneys will take these cases on a contingency basis, meaning that you and the attorney would each get a share of the monies recovered, so that you would not have to pay any legal fees up front. If a creditor is harassing you, contact a Jacksonville Bankruptcy Attorney today to discuss your options.

Published on: August 26, 2011

What Are Some Main Reasons One Might File For Bankruptcy?

By David M. Goldman

There are many reasons that it would be advantageous to file for bankruptcy, but here are some of the most common reasons:

1. The first reason to file for bankruptcy is to stop a foreclosure sale. Filing for bankruptcy immediately stops a halts a foreclosure suit against you. This can give you time to reorganize your finances, try to sell your home, negotiate a modification, or find another place to live. Your chapter 13 Plan can let you catch up on your arrearages over a 5-year time span and so cure your default. If your home has been foreclosed upon, bankruptcy might be a good option for you.

2. Filing for bankruptcy not only stops a foreclosure suit, it halts almost all legal actions taken against you, such as a garnishment or auto repossession. If your auto is in danger of being repossessed, filing for bankruptcy will keep the creditor from doing so. You can value your auto in the bankruptcy and pay only fair market value to the creditor. This means that if you owe $20,000 on your auto and it is only worth $10,000. you can pay the $10,000 to the creditor through your bankruptcy and own the vehicle outright after your Plan is completed.

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