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Archive for March, 2008

Do I Have to Pay a "Charged Off" Debt »

Clients often think that when a debt is “charged off” it means that they don’t owe it. This is not true.
When you fall seriously behind on your payments, usually 6 months worth, the creditor will normally charge off the debt. This simply means that the creditor thinks the debt is uncollectable for tax purposes. This [...]

Debtor Wants to Pay Creditor – Creditor Refuses to Negotiate in Good Faith »

I am currently involved in a negotiation with a collection agency regarding my client’s debt with a large credit card issuer.  My client owes about $60,000 and she does not want to file for bankruptcy.   My client does not own a house and she works as a consultant, meaning that she can make good money [...]

Warning! New Twist On Phishing Scam! »

 In a previous article on this site, IRS Warns Of New Credit Scam Via Phishing Email, Susanne Robicsek discusses a variation on phishing scams.
Phishing, is an attempt to illegally acquire information about you such as your bank account numbers, social security number and passwords.  The e-mail appears to be from a legitimate company such as ebay, [...]

Offer in compromise vs. bankruptcy »

My office has been flooded this week with clients with failed offers in compromise for IRS tax debt. Like most clients, they have been clinging to the hope that there was a solution other than bankruptcy.
The comparison of OIC vs. bankruptcy is neatly laid out in an article by Larry Heinkel in the Florida [...]

Pennsylvania State Law Remedies in Addition to FDCPA Damages – Part Three: Invasion of Privacy »

If you have suffered from a violation of the Fair Debt Collection Practices Act, chances are that you may have suffered injuries under Pennsylvania’s version of the UCC (Uniform Commercial Code) or Pennsylvania tort (personal injury) law as well.  In this segment, I will discuss invasion of privacy.
 
Invasion of Privacy
Pennsylvania law allows for recovery of [...]

How to Treat “Rent to Own” Accounts in a Chapter 13 Bankruptcy »

If you are filing a chapter 13 bankruptcy case and have purchased household goods under a “rent to own” contract, you may wonder how to treat this debt in your chapter 13 repayment plan.  Because rent to own contracts typically involve total rental payments amounting to many times the actual value of the items “purchased,” [...]

Pennsylvania State Law Remedies in Addition to FDCPA Damages – Part Two: Intentional Infliction of Emotional Distress »

If you have suffered from a violation of the Fair Debt Collection Practices Act, chances are that you may have suffered injuries under Pennsylvania’s version of the UCC (Uniform Commercial Code) or Pennsylvania tort (personal injury) law as well.  In this segment, I will discuss intentional infliction of emotional distress.
Intentional Infliction of Emotional Distress
Pennsylvania law [...]

Chapter 13 Trustees in Florida, Georgia and Puerto Rico to double their fee in May! »

Bankruptcy attorneys practicing in the Middle District of Florida, Jacksonville Division received the following email from Chapter 13 Trustee Doug Neway:
“Effective with all cases filed on May 1, 2008 or later: . . . All plans should be calculated using a 10% fee. This change is necessary to insure sufficient fund are collected during the [...]

Pennsylvania State Law Remedies in Addition to FDCPA Damages – Part One: PA Uniform Commercial Code »

If you have suffered from a violation of the Fair Debt Collection Practices Act, chances are that you may have suffered injuries under Pennsylvania’s version of the UCC (Uniform Commercial Code) or Pennsylvania tort (personal injury) law as well.  In this segment, I will discuss the Pennsylvania Uniform Commercial Code. 
Pennsylvania Uniform Commercial Code
This could [...]

Who Pays Bills When Someone Dies? »

The Internet is a wonderful place. No matter what the topic, there is an article about it that is dead wrong.
Such is the case with a recent story (in the fullest extent of the word) I read, “When Someone Dies, Who Is Responsible for Paying His Debts?” that appeared here. This story is full of [...]