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Archive for September, 2009

Top 15 Myths Of Bankruptcy (Unless You’re Counting) Part Three »

11.  THOSE DEBT MANAGEMENT PLANS ADVERTISED ON TV AND RADIO REALLY WORK!
FALSE – Most people are optimists about their finances.  Things don’t always get better. Check out this post about Debt Management Plans.
12.  YOU CAN KEEP ONE CREDIT CARD (JUST DON’T TELL YOUR BANKRUPTCY ATTORNEY)
FALSE – You need to list all of your debts.  In [...]

Can I Keep My Non-Exempt Assets in Bankruptcy? »

You can keep property when you file bankruptcy in Chapter 7 in some situations, but usually always in Chapter 13 bankruptcy.

Be Wary of Your "Friends" »

Debt collectors have joined the social networking craze in an attempt to collect bad debt.  Facebook, Myspace and Twitter are being infiltrated by debt collectors.  Posing as a “friend” they simply send a “friend request” to the delinquent debtor, who will often accept.  This could have serious consequences.
Once the debt collector has access to your [...]

Bankruptcy and Utility Shut-off »

Automatic stay prevents utility companies from shutting off bankruptcy debtors’ utility services on the basis of outstanding debts owed prior to the bankruptcy filing.
If a debtor’s utilities have been shut-off prior to the bankruptcy, the debtor, upon the filing of her case, should provide evidence of the bankruptcy proceeding to the company and demand that [...]

How Does a Court Judgment Affect my Real Estate and What can I Do about It? »

If a creditor sues you and obtains a court judgment for an outstanding debt, it most states (including here in Massachusetts) they then have the right to obtain an “execution” on the judgment. This execution can be recorded at a registry of deeds to create judicial lien on real estate.
This lien gives [...]

The Credit Cardholders' Bill of Rights »

Now that you’ve read the 11 Mistakes to make on a Credit Card (Parts One and Two), you should know that Congress has tried to rein in these practices.  With the crisis in credit, focus has fallen on the credit card companies and the abuse they perpetrate on the consumer.
The legislation prohibits or limit a number of [...]

Top 15 Myths Of Bankruptcy (Unless You’re Counting) Part Two »

6.  YOU WILL NEVER GET ANOTHER JOB OR BE ABLE TO RENT AN APARTMENT
FALSE – Employers do not want like having their employees distracted from the job by harassment at work or the extra accounting caused by wage executions.  Landlords want tenants who can use their salary to pay rent, not paying creditors instead.
7.  IF [...]

Can I File Bankruptcy if My Only Income is Social Security? »

If your only income is Social Security or SSD, you can file bankruptcy.  But you may not have to. 
If you do not plan on going back to work, you may not need to file bankruptcy because you are considered to be “judgment proof”.  That means that while your creditors can sue you and obtain a [...]

REMINDER: New Credit Card Rules Go into Effect in 2010 »

New rules prohibiting unfair collection acts and practices will go into effect in 2010.  The Federal Reserve Board announced last December the approval of these new rules to better protect credit card users.  
In the meantime, credit card companies are positioning themselves to try to lessen the impact on them of the new rules.
For instance, credit card companies are taking advantage [...]

Frequently Asked Questions About Bankruptcy-Part Four »

I’ve been posting about bankruptcy questions asked most frequently by my clients, and I’ve dealt with questions about the pre-bankruptcy process, procedural issues, and Chapter 13 issues.  But almost all my clients want to know about life after bankruptcy.  Once again, I cannot over-emphasize the importance of consulting your own bankruptcy lawyer because circumstances can [...]