Most people in debt are, at least initially, resistant to filing bankruptcy. Filing chapter 7 or chapter 13 is sometimes viewed as taking the easy way out, or looked at as a good way to ruin credit scores, or as a moral failing to be avoided. These feelings, combined with the inability to pay debts, result in a great deal of stress. The fact is that people do have pride, and no one wants to file bankruptcy if it canRead more
Damages from creditors could put money in your pocket!
Some of our clients have the cost of their bankruptcy case paid for with damages they receive from their creditors. There are several situations within bankruptcy filing that may result in compensation for you. Compensation from creditors may include: Stay violation: creditors attempting to collect a debt after the bankruptcy is filed Discharge violation: creditors attempting to collect a debt after the bankruptcy is complete Debt Collection Violations: creditors harassing, threatening, falsely representing themselves, contacting 3rd parties regarding your debtsRead more
Bank Setoffs
Before filing a bankruptcy we often advise clients to move bank accounts to another lender where they don’t owe any debts. When a borrower defaults on a debt to a lender, that lender can offset the defaulted debt against any funds they’re holding in an account. There are restrictions on a lender’s right to setoff funds however. One of the most important is that the FCBA prohibits a credit card issuer from offsetting funds in an account to satisfy aRead more
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