2008 February 12 : Bankruptcy Law Network

Archive for February 12th, 2008

Lift Stay Motions in Chapter 13: Filing a Response Need Not Be Difficult »

By Craig Andresen, Attorney at Law on Feb 12, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Foreclosure Issues, General Bankruptcy Information, Mortgages, Protecting Assets In Bankruptcy, Surrendering Property | 0 Comments

If you are in a chapter 13 case, you might eventually receive an ominous-looking document entitled “Motion for Relief From Stay,” or some similar caption. This multi-page document is filed by a secured creditor, such as your mortgage lender or car loan finance company, when it wants to obtain bankruptcy court permission to foreclose [...]

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Illinois Rings In 2008 With New Gift Card Law

Beginning January 2008 retailers selling gift cards and gift certificates in the state of Illinois are required to honor those cards for a minimum of 5 years and businesses are not allowed to assess fees or charges against the card balance. In a typical gift card transaction, a business receives payment upfront in return for a promise to supply a good or service to the card holder at some time in the future. This new law, <a rel="nofollow" target="_blank" href="http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0525"> HB 369, Public Act 095-0525</a>, requires businesses to honor that promise and to provide full value for a period not less than 5 years. In the past, some merchants charged a fee or forfeited the remaining amount on the card if the entire balance was not used at the time of the purchase. Other merchants charged a monthly fee on the unused balance of the card. In those examples, merchants received full payment in exchange for the card, but did not provide full value to the consumer. Under the new law it is a consumer fraud and deceptive business practice act violation to sell a gift card in violation of the above terms. The law does make an exception for cards issued for food products, telecommunication cards and cards issued for redemption by multiple sellers. Violations of the law should be brought to the attention of the Illinois Attorney General or your <a rel="nofollow" target="_blank" href="http://www.ABankruptcyLawyer.net"> Illinois consumer law attorney</a>.<br><br><br><br>

PA State Law Protecting Consumers from Debt Collectors

Pennsylvania has a law that somewhat mirrors the Fair Debt Collection Practices Act (FDCPA). It is called the Pennsylvania Fair Credit Extension Uniformity Act. In general, it provides consumers protection from debt collectors AND creditors. What follows is a brief summary of the law. A creditor and/or debt collector may not: Communicate with a third party about your [...]

PA Consumer Resource for Complaints About Abusive Debt Collectors

The Pennsylvania State Attorney General’s Office, Bureau of Consumer Protection is another resource for consumers harassed by debt collectors. The AG’s office will not bring a private action for you, but they will take your complaint. Please click here to read about the AG’s complaint process. The following are links and telephone numbers to assist you: Consumer [...]

Debt Collection After Bankruptcy Filing

After you file for bankruptcy, you receive protection from debt collection by the automatic stay. This is a Federal law that prohibits your creditors (and debt collectors) from attempting to collect debts during the pendency of your bankruptcy, with some exceptions. When you receive a discharge in bankruptcy, the automatic stay becomes permanent and any [...]

They Aren’t “Technical Violations,” It’s Called STRICT LIABILITY

The FDCPA is one of those interesting statutes that creates strict liability for a violation of it. Strict liability is liability imposed without regard to fault. Therefore, if a violation of the FDCPA is proven, the debt collector is liable. The simplest example of this is found in a “letter violation.” That is, when a [...]

Archive for February 12th, 2008

Lift Stay Motions in Chapter 13: Filing a Response Need Not Be Difficult »

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