September 2009

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 creditor [...]

2007 FBI Study Warns of Home Equity Loan Fraud

by Andy Miofsky, Illinois Bankruptcy Attorney

The FBI website contains an April 2008 warning about identity theft and Home Equity Line of Credit loans.  The warning details findings from a 2007 FBI study of fraud in the mortgage and real estate industry.  The FBI believes thieves steal a person’s identity to either open a new line of credit over the internet [...]

The Credit Cardholders' Bill of Rights

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

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 [...]

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

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

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. [...]

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

by Peter Orville, Binghamton Bankruptcy Lawyer

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 [...]

REMINDER: New Credit Card Rules Go into Effect in 2010

by Peter Orville, Binghamton Bankruptcy Lawyer

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 [...]