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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 [...]

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 [...]

Can I Fight Back Against Harassing Bill Collectors? »

You can fight back against bill collectors.  One man, from Parsons, Tennessee got so mad at a collection agency trying to collect an old debt that he decided to use some of their own tactics against the bill collectors themselves. 

Newschannel 5 in Nashville reports that Randy Falkner fought back.  First Faulkner sent the collection agency a certified letter asking [...]

The Homestead Exemption in Bankruptcy is Hard to Lose »

I recently blogged the question “Is it possible to lose my homestead exemption in bankruptcy court?”    This is an important question because people who file bankruptcy want to be sure that their homes will be safe.   
That question has now been clearly answered in the Northern District of New York.   Bankruptcy Court Judge Diane [...]

Debt Collection Agencies are Prohibited From Using Harassing or Abusive Practices »

The New York State Attorney General’s office has issued warnings that certain tactics will not be tolerated by debt collectors in New York State.  These include:
Harassing or Abusive Tactics – threatening the use of violence; continuously calling you with intent to annoy or harass; using obscene language; or not disclosing their identity when they call.
False [...]

Is Credit Card Arbitration Fair and Impartial? »

For many years consumer advocates have claimed that the arbitration provided in credit card disputes was not fair to the consumer.  It seemed that the arbitrators always just rubber stamped the claims made by the credit card companies.
Two weeks ago, Minnesota Attorney General Lori Swanson filed a complaint against one of the biggest Arbitration companies, the [...]

My Town Can’t Pay It’s Bills…Can It File Bankruptcy? »

States, cities, towns and villages all over the country are in financial distress.  Some, like the village of Johnson City in Broome County, New York are considering merging into the surrounding town of Union.  Others are not paying their payrolls on time, or drastically cutting back on essential services.  At least one town in Indiana is [...]

US Health Care Financing System is Broken – Most Bankruptcies Due To Medical Debt »

“The US health care financing system is broken, and not only for the poor and uninsured”  According to a recent study in The American Journal of Medicine, middle-class families are collapsing under the strain of “a health care system that treats physical wounds, but often inflicts fiscal ones”.
The study, (http://pnhp.org/new_bankruptcy_study/Bankruptcy-2009.pdf) claims that 62.1% of all bankruptcies filed [...]