The Benefits and Disadvantages of Filing for Bankruptcy

financial freedomThe choice to file for bankruptcy is not an easy one. The benefits need to outweigh the negative results of bankruptcy. It is necessary to have a full understanding of the consequences of bankruptcy in order to make the best decision possible.

The following are possible outcomes of bankruptcy:

1. Weakened Credit Score

Filing for bankruptcy has a negative effect on your credit score. A bankruptcy shows up on your personal report for 7 to 10 years depending on the type of bankruptcy for which you file. Yet, bankruptcy allows for a financial fresh start. You can rebuild your credit over time and there is an opportunity for it to be better than before your bankruptcy.

2. Difficulty Getting Loans

One of the results of having a bad credit score post-bankruptcy is that it will be more difficult to get a loan. You will also have a difficult time being approved for credit cards and financing the purchase of a home. Yet, if you are considering filing for bankruptcy, it might not be the best idea to have new bills to pay.

3. Issues with Finding Employment

Potential employers occasionally review your credit report before offering you a job. Certain states have outlawed or limited such a practice because of the negative cycle it perpetuates. People who can’t pay their bills on time are not able to get jobs that would allow them to pay their bills on time. Arizona is not one of the states that currently regulates such activity.

The benefits of bankruptcy can far outweigh the negative aspects because it will allow you to start fresh. It is important to discuss your situation with an Arizona bankruptcy lawyer. Bankruptcy will eliminate either some or all of your debts depending on what chapter is selected. Filing will also stop harassment from creditors, foreclosure, wage garnishment, or repossession because filing creates an injunction called an automatic stay. In the long run, a bankruptcy will allow you to build your credit back up to a respectable level and allow you to regain your life. Contact a dedicated bankruptcy attorney in Casa Grande who can assist you in deciding if filing is the right step for you.

Can You Stop Debt Collectors From Harassing You?

StaciWith most Americans carrying at least some debt, a recent story from THELAW.TV highlights the Consumer Financial Protection Bureau’s statement that an estimated 30 million Americans are currently experiencing some type of contact with debt collectors. Although a federal law called the Fair Debt Collection Practices Act does offer protection to consumers from the overreaching collection tactics by debt collectors, some debt collectors tend to ignore the restrictions set forth in the Act and needlessly harass consumers for repayment of debt. If you are aware of your rights under the Act and some state laws, then you can stop the harassing and in some cases, abusive behaviors, that some debt collection agencies may attempt to use.

For instance, debt collectors can only contact you during regular hours. This means that a debt collector who is calling you repeatedly at 3:00 a.m. is violating the law. Similarly, while debt collectors can call your family members when they are trying to locate you, they can only contact you once, and they are not allowed to tell your family members, your employer, or other third parties that you owe money to them. Plus, while debt collectors can call you at work, they have to stop doing so once you have notified them orally or in writing that your employer does not permit you to accept those types of calls at work.

Likewise, debt collectors can and will say anything possible in order to get you to make a payment toward your debt. Although they are not supposed to lie or tell you that they are attorneys, some debt collection agencies reportedly reward this sort of behavior. The bottom line, however, is that debt collectors cannot threaten you with violence, use obscene language during your conversations, or call you repeatedly just to harass you.

On the other hand, debt collectors can threaten to sue you, garnish your wages, or foreclose on your home, if the law permits them to do so and they fully intend to do so. The reality is that if you owe a debt and fail to make the required payments as agreed, you can and will be contacted by collections agencies, and you can be sued by that creditor in an attempt to collect the debt.

Bankruptcy may be a potential solution for consumers to rid themselves of harassing calls by creditors. Filing for bankruptcy results in the bankruptcy court issuing the automatic stay, which is a court order that prevents creditors from continuing to contact you about the debts that you owe. Plus, bankruptcy may allow you to repay all or a portion of your debts over time, or to discharge your responsibility to pay those debts altogether. Contact your Arizona bankruptcy law firm today for an evaluation of your financial situation, and see whether bankruptcy is a viable option for you and your family.

When will my Creditors Stop Calling Me?

There are two different events which will stop creditor calls. First, when you hire our law firm you will be able to refer your creditors to us. Once you are represented by a law firm, creditors are no longer to contact you directly but are to communicate to you through your attorney.

 

We recommend our clients tell their creditors: “I am filing for bankruptcy. I have an attorney and he told me not to talk to you. If you have any questions please call his law office” and then just hang up the phone.

 

In most instances your creditors really will call our law firm and verify that you are a client. This will stop 99% of the creditor calls. However, pay-day and title loan companies are notorious for continuing the calls until the bankruptcy is actually filed.

 

Second, once your bankruptcy is filed it becomes illegal for creditors to continue contacting you in an attempt to collect on the debt. Because as soon as a bankruptcy is filed the Automatic Stay of Protection goes into effect. This Automatic Stay of Protection prevents creditors from making any collector efforts. Creditors will be prevented from contacting you in any way, they will not be able to mail, email, or call.

 

So if you would like to learn how to stop the harassing phone calls, make an appointment to meet with one of our attorneys.

Rebuilding Your Credit Following Bankruptcy

One common concern of many consumers is that if they file for bankruptcy proceedings, whether it be under Chapter 7 or Chapter 13, that there will be an irrevocable mark on their credit reports from which they will never recover. The reality is that filing for bankruptcy will undoubtedly lower your credit score significantly. A lower credit score will make it more difficult for you to qualify for credit, and may subject you to higher interest rates when you do qualify for credit. However, the damage to your credit score will not last forever, and you can easily make strides to rebuild your credit following your bankruptcy discharge.

After your bankruptcy is complete, you are likely to be able to get a credit card with at least a small credit limit. By using that card regularly and making timely payments each month, you can slowly begin to rebuild your creditworthiness. Likewise, you are likely to qualify for a vehicle loan fairly quickly following your bankruptcy. Although interest rates on these loans can be high, making regular, on-time payments also can help rebuild your credit score.

Fortunately, as reported in a recent Bloomberg article, federal law is increasingly attempting to protect consumers by ensuring that their credit scores are correct and that there is easy access to their credit reports on a routine basis. For instance, under the Fair Credit Reporting Act, you can access a free copy of your credit report from each of the three major credit reporting companies each year. Furthermore, starting October 1, 2012, the Consumer Financial Protection Bureau, as created by the Dodd-Frank law of 2010, will begin supervision of the records and practices of companies in the business of credit-reporting. This new supervision is designed to ensure that consumers and lenders receive the same credit scores and information from credit-reporting agencies.

In many cases, bankruptcy is the best option to stopping creditor harassment and dealing with overwhelming amounts of debts. Fortunately, while bankruptcy may temporarily lower your credit score, with time and hard work, you can successfully rebuild your credit score. Contact your experienced Las Vegas bankruptcy attorney today for more information about the effects of bankruptcy on your credit score, and to get answers about whether bankruptcy relief is right for you.

The Crazy Thing’s Creditors Say To You

“It’s the way of the times”, a quote my associate uses far too much, “The way of the times”, so common, so true. As a call center customer service representative, it’s hard to make a connection with a client you can’t see, in any job you are not suppose to take anything too personally, there’s really no reason to think about the client after you set your disposition. I must admit plenty of times I couldn’t help, but feel pity for these people, not only are they dealing with the simple fact that they are filing for bankruptcy, or the financial hardships that brought them to us, but dealing with the consistent uncontrollable harassment from creditors, and the crazy things they say. We deal with the harassment of creditors as well, just a taste of the power they have over our clients, they are rude towards us, they feel as though they are entitled to whatever information they want. “It’s not enough they call all hours of the day and night, or that their short and cold, you can’t even understand these people, Mary? Or Tom?, with thick Indian accents, it’s like they are trained to say the worst things to a person. During the holidays they are terrible, “Maybe you should pay your bills instead of buying your children Christmas gifts”. The threats are insane, “If you miss another car payment, we will report your car as stole and you are going to go to jail”. When a client calls in you can usually tell what has pushed them over the edge, the creditors, they threaten to take their whole pay check, tell them outrageous things like, “you might as well pack your things, because you will be living in a alley in a deep freezer box, get excited”, of all the things I’ve heard it gets better, a gentleman got teeth implants, but fell behind on his payments half way through, he was getting harassing calls and letters from the dental company on a daily bases, a representative from the company told him, “ You might as well put your teeth in a box and mail them back to us”. To my surprise it doesn’t just stop or start with, the elderly and other adults, it gets worse. A few days ago a creditor herself called in, she wanted to know if it was illegal to contact underage debtors, I replied as in teenagers? She exclaimed younger, ten and fifteen year old children, how’s that possible I thought, as in the parents are putting electricity or cable bills in their children’s names? No, the debt acquired by the children themselves, medical labs, doctors visits, medications. Creditors are taking it to a whole other level, children! I think these people sit in a dark room in India, watching war videos of death and mass destruction for hours. They have these guidelines’, like you are required to come in on the wrong side of the bed, think of the worst things you can say to a person, and then increase it by ten thousand percent. Threaten these clients, homes, families, jobs and personal security. And, last but not least, do not end your call until you at least make someone cry, if they hang up, call them back, because honestly this is just the way of the times.

 

Creditors will say just about anything to get you to pay up.

Creditors will say just about anything to get you to pay up. Most of these creditors are 3rd party creditors who have invested money in your debt , pennies on the dollar. They’ll use scare tactics, such as threaten to send you to jail. This is not plausible, being in debt is not a crime. Some will go at lengths to try and reach family members , friends and even co-workers to try and shame you into a payment. Some will present themselves as lawyers or state they are calling from a law firm, but most of the time come back to being 3rd party agencies. They can also threaten to reposes a vehicle put a lien on a home or property. I have even heard of creditors being nasty and foul on the phone even personally threaten to come look for you. Creditors cannot go into your bank account and withdraw money without your approval or for that matter wipe out your savings. Last but not least they’ll threaten you with legal action, such as summons you to court to try and get a writ of garnishment. They can always go down this route but will more than likely chose every other option before this. You always have to understand your rights, if you feel a creditor is crossing the line with their collection tactics keep track of those calls, record conversations anything that you may feel can beneficial sometime down the road if ever a FDCPA claim needs to be made.

Cindy’s Monday Morning Creditor Call

It’s dark-thirty in the morning, I am already running behind, but can I get any cooperation from my three hellions on wheels? Unlikely. Not even. Four, seven and eight years old and I have got to get them to day-care by 6:00am and make it out of the parking lot by 6:07am or it is another write up for being late. Lord knows that I can not afford to lose this job. So, with youngest in tow, okay, dragged, and the weight of my purse on my other shoulder, I lurch helter-skelter towards the rest of my day. Amidst this morning chaos, my phone rings. It requires a feat of dexterity and other-worldly attributes to retrieve the phone, lost in the black hole that lives in my purse, and hold onto a squirming four year old tyrant, who recognizes my now more vulnerable state and begins screaming, “let me go, let me go”. Head cocked painfully to the side, holding phone in place, turning key to lock front door, tripping over my own feet, I am greeted by another not so cheerful voice on the other end of what now is can only be described as a vehicle of evil. I have negativity in stereo. Why in the hell did I answer my phone? A collector! Dammit! Isn’t there like some law against calling someone before the sun comes up? Well, big mistake Mr. Creditor. Tell me, why is it always Mr. This or Mrs. That? I am not in grade school. You can’t address me by my first name and then refuse to give yours. But, this is least of my worries this morning as me and Mr. Creditor play tit for tat while loading my kids into the car. “Arrested?!?” This yahoo says he has a warrant out for my arrest. I am informed that my license is going to be revoked and my employer notified. They will be picking me up shortly if I don’t make immediate arrangements to “amend my seriously delinquent account.” “Cyn-thi-a, (he says my name like it leaves a bad taste in his mouth) we must notify your employer that the authorities will be picking you up on a detainer warrant. You need to settle your account immediately.” “Uh, she moved to California” I blurt out and immediately hang- up the phone and toss it down. I proceed to give myself whiplash as I whip my head left to right, right to left now on an ever vigilant look-out for the “heat”. I drop my brood at the day-care signing them in, with one-eye on the television in the corner, waiting for America’s most wanted to break-in with my picture blasted across the screen. Thankfully, Blue’s Clues plays on interrupted. I quickly make my get away back to my vehicle a quick trot-step trying not to look suspicious. It is 6:07am and I am pulling out of the lot. Well, the universe isn’t completely conspiring against me.

THE CRAZY THINGS CREDITORS WILL SAY TO SCARE YOU

There are many things a creditor will say to try to “scare” you into paying any amount when a debt is owed. What many people don’t know is that a lot of the scare tactics used are false and empty threats. The following is a list of some of the things a creditor will tell you to collect on a debt.

 

“I am going to have you arrested if you don’t pay” You cannot be arrested/ go to jail for not paying a creditor.

“I’m going to garnish your wages” Although wage garnishment is a possibility, any crediting company must file a judgment against you through the courts in order to do so, This does not happen overnight and is a legal process that takes time.

“I am going to contact your family members to collect on the debt” The creditor can only discuss your situation with you. This is used often to embarrass you into making payment.

“Im going to contact your payroll department/coworkers/boss to discuss your debt” or “I am going to contact your family members to collect on the debt” Legally, A creditor is not allowed to discuss your debt or financial situation with anyone other than you.

“We are going to seize your bank account” Again any type of “seizing” of funds must be done through a legal process.

“We don’t work with settlement companies and you cannot file bankruptcy on this debt” All major creditors will work with a settlement company and you can include any dischargeable funds through bankruptcy. They want to scare you into working with them directly so they can get the most money out of it.

“If you file bankruptcy you will lose all of your belongings/ they will take everything you own”

It is best to speak with an attorney and only the attorney about how bankruptcy will affect your particular situation. In most cases you are able to keep your home and vehicle among other possessions through bankruptcy.

 

Creditors will say anything in order to get paid. When facing a debt collection agency it is best to be prepared and know what is true when speaking with a creditor.