In a win for consumers, the Fourth Circuit Court of Appeals recently decided that a collection agency cannot require that any dispute over the validity of debt be submitted in writing. The case started when a couple in North Carolina received notices from a collection agency, ACS, regarding medical debt. The collection notices only allowed …
Disputing Collection Accounts Just Became Slighlty Easier In Virginia Read More »
The United States Supreme Court currently has before it a bankruptcy case, Law v. Siegel. The case starts out like any other bankruptcy case: debtor files a Chapter 7 bankruptcy. However, the story strayed from the beaten path when the debtor tried to shield his money from creditors by creating a second fictitious mortgage on …
When you file a Chapter 7 bankruptcy, the court appoints an individual called the trustee who reviews the case to see if there are assets that can be taken to help pay the creditors of the debtor. One of the assets that the trustees look at is pending tax refunds. The normal position of the …
Earned Income Credit Refunds In A Chapter 7 Bankruptcy Read More »
Although the Virginia legislature has made a couple of modest changes to the exemptions laws that allow an individual to protect assets from creditors, the majority of the laws have not been revised in several years. It is time for the state legislators to look at these laws and update them. When the bankruptcy laws …
Virginia Exemptions To Protect Assets Need To Be Updated Read More »
The phone rings and when you look at your caller id, it says unknown or out of area. You know that it is another one of those collection agencies calling to harass you about the unpaid bills. If you had the money to pay them, you would have done so already. Don’t these people understand …
I Can’t Take These Harassing Collection Calls Anymore. Make Them Stop! Read More »
I frequently meet with individuals who have co-signed a loan for a family member or friend to help that person establish credit. Many times it is a parent who has co-signed a loan or credit card for an adult child so the child can establish their credit. This happens a lot with student loans. Sometimes …
I recently had a client who had received a large tax refund shortly after she had met with me about filing a Chapter 7 bankruptcy. She wanted to make sure that she could keep this money. We discussed several options that she had and how much we could protect for her. When we met to …
Is It Bad To Have Money In The Bank When Filing A Chapter 7 Bankruptcy? Read More »
Clients frequently ask me questions like: Do I really need to file for bankruptcy? Is there a certain amount of debt that I should have before I file? When should I file bankruptcy? These are all valid questions and should be discussed with an experienced bankruptcy attorney before you file a bankruptcy. The answers to …
Every week I see individuals in court who will lose several thousand dollars because they “couldn’t afford an attorney”. These people filed their bankruptcies by themselves and did not understand what they were doing. As a result they did not properly complete the paperwork or do what needed to be done to protect their assets. …
There are many pitfalls that await someone who files a bankruptcy without an attorney. One of them is owing money after the bankruptcy is completed. An experienced bankruptcy attorney can provide advice about what a debtor’s options are for dealing with secured debts like a car loan or mortgage on a house. When an individual …
Reaffirming A Debt Without Advice From An Attorney Read More »
