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Category Archives: Bankruptcy

How to Qualify for Chapter 7 Bankruptcy

Chapter 7 bankruptcy offers relief from debt by discharging or wiping out most types of unsecured debt. This allows debtors to have a fresh financial start. In order to prevent consumers from abusing the system, Congress put eligibility requirements in place.

Prior Bankruptcies: If you filed Chapter 7 bankruptcy previously and received a discharge of debt, you are required to wait eight years from the …


When Does Student Loan Debt End Up in Litigation?

When it comes to federal student loan collection, lawsuits are not very common. But they aren’t unheard of either. Why is it less common for the government to sue in order to collect on student loans? Most would agree that it’s because they have a lot of other tools in their debt collecting arsenal. But that doesn’t mean that lawsuits aren’t a tool they …


Are Creditors Still Calling After You Filed for Bankruptcy?

After you receive your bankruptcy discharge, you don’t owe the debts anymore. So, if creditors are still contacting you about debts included in your bankruptcy, something is wrong. Why are your creditors still pestering you?

The bankruptcy discharge eliminates your liability for debts included in your bankruptcy filing. If a debt was listed in your bankruptcy and you received a discharge of debt, …


How to Deal with Creditors Who Violate the Discharge Injunction

The main purpose of bankruptcy is to protect consumers from overwhelming debt. The main purpose of filing for Chapter 7 bankruptcy is to obtain a discharge of that debt. This “discharge injunction” is included in Section 524 of the Bankruptcy Code and it means that creditors are legally forbidden to enforce claims for payment against the debtor (petitioner). Creditors are not allowed to seek payment …


The Benefits of Bankruptcy’s Automatic Stay

Are you familiar with the automatic stay? It is arguably the most desirable benefit of filing for bankruptcy. The automatic stay is a Federal Court Order that prevents your creditors from contacting you for collection purposes once you file for bankruptcy. The automatic stay is cut and dry and effective and it goes into effect immediately upon filing for bankruptcy. In fact, it got …


How to Stop Creditor Harassment

Do you feel like you may be a victim of unfair debt collection practices? Are you being harassed by a collector? Are you receiving multiple phone calls from a collector each day? Does the debt collector contact your friends, relatives or employer? Does the collector threaten you? Does the collector use offensive language?

If you answered use to any of these questions, you probably …


What to Do When You’re Facing Wage Garnishment

Wage garnishment, or having your wages taken to pay off a creditor, is typically viewed as a “last resort” to collect on a debt, but it is more common than you might think. According to a report by ADP Research Institute in 2013, approximately 7% of the 13 million employees participating in their survey had experienced wage garnishment in the last year. The largest portion …


How to Delay or Stop a Home Foreclosure

Have you missed more than three of your mortgage payments? Has your lender filed a Notice of Default (NOD)? If so, you may think that there’s no way to stop the foreclosure on your home, but even at this late stage, you can get help to avoid foreclosure.

What To Do When You’re Facing Foreclosure:

  1. Negotiate with the Lender: Before your home is actually

How to Improve Your Credit Score After Bankruptcy

The main concern on the mind of consumers considering filing for bankruptcy or actually going through the process of filing is relief. Relief from overwhelming debt. Relief from harassing calls, letters, and visits from creditors seeking payment and threatening repercussions. Once bankruptcy petitioners have their discharge of debt in hand, they have different worries. The worry leading the pack post-bankruptcy is the worry that you …


Can I Discharge My Student Loans through Bankruptcy?

We may never hear the end of one of the most popular bankruptcy related debates: Can you discharge your student loans in bankruptcy? Is it possible? When pressed most student loan litigation attorneys will eventually provide you with a short answer, and it’s simple. The answer is usually no because student loans are not dischargeable. But the long answer is quite a bit longer.


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