April 2008

Employers may use consumer reports when they hire new employees and when they evaluate employees for promotion, reassignment, and retention provided they comply with the Fair Credit Reporting Act (sections 604, 606, and 615).  A consumer report is any report that contains information about a person’s personal and credit characteristics, character, general reputation, and lifestyle.  [...]

Can my bankruptcy discharge be revoked?

by Pamela Stewart, Attorney at Law

The Bankruptcy Code (11 U.S.C. Section 727(12(e)) permits an interested party to seek revocation of a debtor’s discharge if it can be shown that the debtor obtained the discharge by fraud and that fraud was not known to the requesting party until after the discharge was granted. It is not sufficient to show that the [...]

Getting Credit Cards after Bankruptcy

by Pamela Stewart, Attorney at Law

Most, if not all, of my clients tell me they don’t ever want another credit card. I just laugh and tell them they will want one in a few months because that is what society has taught us. Besides you need one to rent a car, make hotel reservations, and the like. (Using a debit [...]

Pennsylvania State Law Mirrors the FDCPA

by Bankruptcy Law Network

The Pennsylvania Fair Credit Extension Uniformity Act provides Pennsylvania consumers with the same protections as the FDCPA.  In addition, it prohibits abusive collection efforts by creditors.  (The FDCPA only applies to debt collectors.)  Like the FDCPA, the PA FCEUA prohibits: Communication with third parties regarding the debt Harassment, abusive, or oppressive conduct False, deceptive, or [...]

The Fair Debt Collection Practices Act (FDCPA) was passed into law in 1977.  It was intended to curb abusive, deceptive, and unfair debt collection practices.  The Federal Trade Commission (FTC) is required by the FDCPA to submit a report to Congress every year summarizing the FTC‘s actions taken under the FDCPA.  The following are the [...]

How do I establish a credit history?

by Pamela Stewart, Attorney at Law

Many people just starting out have no credit history and may find it tough to get a loan or credit card, but establishing a credit history is not as difficult as it seems.  Usually local stores are more willing to extend credit to someone with no credit history – so apply for a credit card [...]