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Debtor and Creditor Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Debtor and Creditor including: bankruptcy, collections, credit and mortgage, debt recovery and insolvency.


Debtor and Creditor Attorneys

Reaffirmation Agreements

  May 24, 2012     By Law Offices of Stephen B. Kass P.C.
A Chapter 7 bankruptcy debtor must state an intention to retain or surrender personal property. Personal property may be a car. After the passage of the Bankruptcy Abuse Prevention Consumer Protection Act (BAPCPA) in 2005, the options available to the debtor desiring to keep an asset was restricted.

After a Bankruptcy Discharge

  May 24, 2012     By Law Offices of Stephen B. Kass P.C.
A person can rebuild credit after a bankruptcy discharge by creating a savings plan. Like quitting difficult habits, getting back to financial health does not happen overnight. Open a savings account and try to save a portion of your monthly net income, income from your second job, or your bonuses.

The Sanctions of Bad Check under the Light of Regulations Brought by the Turkish Law Numbered 6273

  May 22, 2012     By Ongoren Law Office
“The Act to Amend of Check Law” numbered 6273, accepted on the date of 31.01.2012 by the Grand National Assembly of Turkey has been entered into force by publishing in the Official Gazette numbered 28093 and dated 03.02.2012. This Law brought radical amendments with respect to check which is one of the most important and vital payment instrument of the commercial life. The prison sentence concerning bad check has been abolished.

How Does Recent Bankruptcy Reform Affect Me?

  May 21, 2012     By Malaise Law Firm
With so many American individuals and businesses filing for bankruptcy in the recent years, abuse and fraud have become rampant. To curb such abuse, bankruptcy reform laws have recently been enacted, placing restrictions on many Americans. In 2005 the United States Congress passed a new legislative act concerning U.S. bankruptcy law. This new act is called the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

What is a "Joint Petition" in Bankruptcy?

  May 18, 2012     By Bornmann Law Group, PLLC
What is meant by a joint petition when dealing with a bankruptcy? Description of filing a joint bankruptcy and advice on when to use a joint petition while filing chapter 7 or chapter 13 bankruptcy. What is a “Joint Petition” when the topic is filing for chapter 7 or chapter 13 bankruptcy? A joint petition in bankruptcy is the filing of one single bankruptcy petition by an individual and his or her spouse.

New York Bankruptcy Basic Series: What are the Basic Steps?

  May 18, 2012     By Kantor Law Group
A knowledgeable bankruptcy attorney is expert not only in the federal bankruptcy laws, but also in the laws that are specific to the filing of bankruptcies in your particular state. Rather than look at bankruptcy as a frightening and daunting process, you should understand that your right to seek bankruptcy protection is granted to you by the United States Constitution.

Equal Credit Opportunity Act

  May 15, 2012     By Malaise Law Firm
Read more about one of the laws that protects you from credit discrimination. Enacted into law in 1974, the Equal Credit Opportunity Act was a way to protect individuals from discrimination by creditors. A creditor is any individual or business to whom money is owed. For example, if you take out a loan with a particular bank, that bank has become your creditor. Creditors do have the choice to accept or reject individuals from taking out lines of credit with them.

Will Filing Bankruptcy Affect Your Tax Refund?

  May 14, 2012     By Carucci Di Lorenzo LLC
One frequent topic of discussion this time of year is the way bankruptcy will affect tax refunds. Some people assume that all future refunds may somehow be set off against what they owe; others assume that the government may keep it for some period of time. It is important to make sure that you know what can happen to a tax refund, both to minimize the impact, and so you can plan accordingly.

Are You a Candidate for an Individual Chapter 11 Bankruptcy?

  May 13, 2012     By Law Office of Will B. Geer
Chapter 11 bankruptcy is not just for large corporations; individuals can also file Chapter 11 to achieve freedom from overwhelming debt. If an individual can afford the legal fees, a Chapter 11 bankruptcy offers many advantages over a Chapter 13.

Avoiding Debt Settlement Scams with a Bankruptcy Attorney Seattle

  May 11, 2012     By DC Law Group
If you are drowning in debt, often the best and only real solution to your problem is to file bankruptcy with the help of a bankruptcy attorney Seattle. While you may be offered other "solutions," by companies who promise to make your debt problems go away, unfortunately you will often find yourself in a much worse position if you take advantage of these offers than you would be if you just got help from a bankruptcy attorney Seattle and filed bankruptcy in the first place.

Fact or Fiction: Life After Bankruptcy

  May 10, 2012     By Malaise Law Firm
Filing for bankruptcy is one of the most significant decisions you will ever make in your lifetime. Personal finances fall under sort of a taboo category for most Americans. The subject is touchy, and many people do not wish to talk or even think about it. The truth is, being honest with your money and your finances is the first way to ensure that bankruptcy isn’t so scary after all, and that life after it can be better than you thought.

Bankruptcy Information: Understanding Your Chapter 7 Rights and Responsibilities

  May 9, 2012     By Warren & Migliaccio, LLP
When you file Chapter 7, rights to some assets must be protected or you could risk losing them during discharge. A Texas bankruptcy lawyer can help you deal with your responsibilities. When you file bankruptcy under Chapter 7 your rights to certain exemptions and reliefs are held up by federal and state bankruptcy laws. In order to protect these rights, you need to first make sure that you comply with all of the responsibilities you have under these laws as well.

What did the Fair Debt Collection Practices Act Do for Me?

  May 9, 2012     By The Law Offices of Marshall D. Schultz
Many collection agencies in the 1970’s began to participate in abusive collection practices and this contributed to a rise in personal bankruptcy filings throughout the nation. To combat this, Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1978 to govern the conduct of collection agencies or any entity that seeks to collect a debt. This Act gives you, the consumer, a way to fight back when you are the victim of abuse or harassment by creditors and debt collectors.

Prince Files For Chapter 11 Bankruptcy

The once popular tennis company, Prince, known for its success manufacturing oversized tennis rackets – and originally, tennis ball serving machines and other tennis products - filed for Chapter 11 bankruptcy protection on May 1, 2012 in U.S. Bankruptcy Court in Wilmington, Delaware, after years of trying to attain stability and profit through sales of its products, brands and the company itself.

Understanding the Fair Debt Collection Practices Act

  May 3, 2012     By Dillenbeck Law
Often referred to as the FDCPA, the Fair Debt Collection Practices Act was created and then passed by Congress to protect consumers and debtors from the abusive behaviors engaged in by some debt collection agencies and creditors. An extensive list of rights and protections against creditors can be found within the Fair Debt Collection Practices Act, 42 U.S.C. section 1692c.

Americans Looking to Rebuild Credit Scores

  May 2, 2012     By Mitchell Hammond
Even though millions of Americans across the country are dealing with exorbitant amounts of credit card debt, many are just now starting to realize that they need to manage their money and financial lives in a different manner. Credit card debt and other poor financial decisions will lead to huge constraints when it comes to seeking a loan and other financial opportunities.

When Businesses Go Broke

  April 27, 2012     By Malaise Law Firm
Ever wondered what happens to a business when their expenses are greater than their profit? Keep reading to find out more about businesses and bankruptcy. Most people understand that individuals file for bankruptcy all the time, but many businesses also have the same types of financial struggles. When a company can’t keep up with their expenses, many times they will choose to file for Chapter 11 bankruptcy.

What is the Home Affordable Modification Program (HAMP)?

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
Created by the federal government to help employed homeowners who are having difficulty making mortgage payments on their home, the Home Affordable Modification Program (HAMP) may be able to lower house payments for Arizona homeowners by as much as 31 percent of their gross monthly income. Even if you are planning to file or have already filed for Chapter 7 or Chapter 13 bankruptcy, you may be eligible for the benefits of the HAMP plan.

How Much Does it Cost to File Bankruptcy?

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
The Bankruptcy Court is a Federal Court that must follow Federal law and Federal Bankruptcy procedural rules. The court filing fees are set by Federal law and are uniform in every Bankruptcy Court in the country.

How A Bankruptcy Client Should List All Household Goods And Property On The Schedules

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
In bankruptcy, a debtor is required to file a petition and schedules with the Bankruptcy Court.

When You Hire An Arizona Bankruptcy Lawyer, How Long Will The Case Take?

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
The length of the bankruptcy process is dependent upon several factors. An important distinction can be made between a Chapter 7 Bankruptcy and a Chapter 13 Bankruptcy.

How Often Can You File For Bankruptcy in Arizona?

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
Due to unforeseen economic difficulties arising from sudden unemployment, excessive medical bills, an expensive divorce or other hardships, Arizona residents often find it necessary to file for bankruptcy. Most people only need to file bankruptcy once in their life. But when additional, financially devastating events occur following the completion of one bankruptcy, the necessity to file another one may be inevitable.

Companies Use Chapter 11 Bankruptcy to Reorganize

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
Large corporations often use bankruptcy protection when restructuring or when faced with significant drops in the economy. On Thursday, well-known Dallas based corporation Reddy Ice filed for Chapter 11 bankruptcy protection with the support of its lenders and creditors. The filing will not affect the day to day business of Reddy Ice, the largest packaged ice producers in the country.

Will Filing Bankruptcy Stop an Eviction in Arizona?

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
Failure to pay rent or violation of lease agreements may result in a tenant receiving an eviction notice from the landlord.

Do Spouses Have to File Bankruptcy Together?

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
While spouses are not legally obligated to file for bankruptcy together, there are situations where a spouse may choose to file for bankruptcy on their own. This could include when the wife or husband is the only one carrying significant amounts of debts (usually obtained before the marriage in the form of credit card debts or unpaid personal loans,) property aspects (such as whether properties are owned jointly or individually,) or community debt amount issues.

Bankruptcy Options for Student Loans in Arizona

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
Just as the economy is struggling to recover from the mortgage crisis of the past couple of years, a new threat is looming – student-loan debt. In February, the National Association of Consumer Bankruptcy Attorneys referred to a student loan “debt bomb”. Last month, the Federal Reserve Bank of New York announced that debt had reached $870 billion. And that number continues to climb. A student graduating in 2010 owed an average of $25,000 in student loans.

How Does Filing Bankruptcy Affect a Prenuptial Agreement?

  April 27, 2012     By Wanta Fresh Start - Kirk Guinn Attorney
When one person owns a considerable amount of assets such as money, property or business investments, this individual may feel more secure about getting married if a prenuptial agreement is filed prior to the marriage.

When Domestic Violence is a Factor in Your Child Custody Case

  April 26, 2012     By Warren & Migliaccio, LLP
A child custody case in Texas may be affected negatively if domestic violence is involved. If you are pursuing a child custody case in Texas, allegations of domestic violence can have an impact. To better understand family law code and what your rights are, contact a divorce attorney as soon as possible.

What is Chapter 20 Bankruptcy?

  April 26, 2012     By The O'Connor Law Firm
Chapter 20 bankruptcy involves the discharge of personal liability as part of a chapter 7 case as well as the removal of a mortgage lien as part of a subsequent chapter 13 case. Most consumers are familiar with both Chapter 7 and Chapter 13 bankruptcy, however, most have never heard of a chapter 20 bankruptcy.

Bankruptcy: It’s Not All Bad

  April 26, 2012     By Law Office of Edwin M Walker III, P.A.
While many are aware of the unfortunate affects bankruptcy can lead to, there are a number of extremely beneficial outcomes that can be rewarded from filing. For those in extreme financial debt it can often be the only option left to turn to but may produce the effects that are needed.

Ohio Bankruptcy: What Debts Are Dissolvable?

  April 26, 2012     By Sheppard Law Offices
A couple in Ohio serve as a typical example of debtors who have filed for bankruptcy, yet are still trapped by debt. Even though they lost their home to foreclosure, a 2005 law means that they cannot discharge their student loans. More and more families are finding it difficult to stay on top of monthly bills and mortgage payments.

Identity Theft and Bankruptcy

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
In the digital age where credit card purchases are common place both online and at smaller stores, identity theft has become a household word.

Read All About It: Newspapers and Bankruptcy

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
The publishing industry is one that has been hit hardest in recent years.

Credit Card Settlements and Credit Scores

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
Credit card debt is the most common form of debt in America. In 2006, the U.S. Census Bureau estimated that there were 173 million credit card holders in the U.S. These 173 million held roughly 1.5 billion cards—an average of almost nine cards per person. The same data reported that in 2006, Americans “carried approximately $866 billion in credit card debt.”

What Forgiven Loans Mean for Taxes

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
Tax day is just around the corner, and for the millions of Americans who filed bankruptcy in the past fiscal year, there are several different complications to the already complicated filing process. The ways that bankruptcy affects tax filings varies greatly depending on the type of bankruptcy—and it’s not just bankruptcy that affects the tax code for an individual who has had financial insolvency issues in the fiscal year.

Thousands of Households to Use Tax Refund for Bankruptcy

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
According to the National Bureau of Economic Research, more than 200,000 money-strapped households will use their tax refunds to pay for bankruptcy filings this year. In better years, tax refunds have been used for vacations, household gadgets, and family splurges. Yet the NBER research, according to USA Today, “confirms what bankruptcy lawyers have long known: At the first part of the year, when Americans receive their tax refunds, there almost always is a spike in personal bankruptcy filings.”

Waving a Chapter 7 Filing Fee

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
The Bankruptcy Abuse Prevention and Consumer Protection Act was passed in 2005, and, according to the U.S. Bankruptcy Court, included a clause that allows for an “individual Chapter 7 debtor [to] file an application for waiver of the filing fee along with the bankruptcy petition.”

States to File Bankruptcy?

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
It was about a year ago that, according to the Illinois Statehouse News, the state of Illinois was a prime candidate to file bankruptcy in the same way as its ailing businesses, an idea that had been tossed around Washington D.C. as a solution to the country’s economic woes.

Pink Slime Forces Beef Company to File for Chapter 11

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
Beef products company AFA Foods announced in early April that it was filing for Chapter 11 bankruptcy protection after its beef filler products were referred to publically as “pink slime,” a campaign some politicians have decried as a smear campaign to the entire beef industry, according to the Chicago Tribune.

Debtor’s Prison—Can You Be Locked Up for Unpaid Bills in Illinois?

  April 26, 2012     By Kathryn L. Harry & Associates, P.C.
According to a January article published in the Illinois Times, “Illinois citizens worrying about paying off their debts might now have to also worry about being thrown in jail if they do not pay.”

Debt from Student Loans Not Covered in Bankruptcy

  April 25, 2012     By Oswalt Law Group, PLLC
Under a 2005 law passed by Congress to protect lenders, private student loans are nearly impossible to clear, even through bankruptcy. The law placed these loans in the same category as criminal fines and child support payments, and as a result more and more student borrowers are now suffering unbearable burdens of student debt with no relief in sight.

The Problem of Mortgage Arrears

  April 25, 2012     By The O'Connor Law Firm
Chapter 13 bankruptcy can provide an alternative to demands by a mortgage lender for the lump-sum payment of arrears. Almost 5 years after the start of the credit crisis that spawned the “great recession,” housing continues to be one of the biggest problems faced by the American consumer.

Statutory Interest Rates Overdue Payments – Bulgaria

  April 24, 2012     By Belcheva & Associates Law Office
Statutory interest is due when the debtor is in default. Bulgarian law determines when the debtor has fallen into default. It is different for the various types of commitments. Of course and in Bulgaria on overdue payments may be charged interest rate. How can we determine these rates? Is there a formula?

Limitations on Credit Checks for Employment Purposes

  April 20, 2012     By Gailey Associates, Inc
We are often requested by companies to conduct pre-employment background investigations. These investigations typically fall within the confines of the Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act.

Are Student Loans a Ticking Time Bomb?

  April 19, 2012     By Peter Rasla & Associates, P.L.C.
Education is constantly promoted as a good thing they each citizen should take advantage of. In order to obtain an education many individuals must turn to loans to meet the demanding costs. Unfortunately, paying back these costs is not always as easy as some may expect.

Debt Settlement and Tax Resolution

  April 18, 2012     By Ray Bulaon Law Offices
If you have found yourself in financial hardship, you may believe that you are out of options. However, bankruptcy is not your only choice. Through debt settlement, tax resolution, or another form of debt relief, you could be able to get your life back on track.

Understanding Your Insurance Policies Can Help You Avoid Bankruptcy

  April 16, 2012     By Malaise Law Firm
Financial misfortune can happen to even the savviest of money managers. When an unexpected event occurs, people often find that their medical or property insurance covers a significantly smaller portion of total costs than expected. Those facing bankruptcy because of “life happening to them” may feel trapped and left with no other choice than to declare bankruptcy.

Benefits and Drawbacks of Credit Card Use

  April 16, 2012     By Malaise Law Firm
Many people use credit cards for every item they purchase. In fact, multiple credit cards are now the norm; the average cardholder has 3.5 to his or her name. While credit cards offer the cashless convenience of just a swipe and signature, the psychological factors that affect credit card spending should be carefully considered. You may find that the hidden costs of credit card spending are higher than you first thought.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?

  April 16, 2012     By Malaise Law Firm
Usually those considering bankruptcy do so because they feel they have no other alternative to escape from their overwhelming debt. Bankruptcy can be an attractive option for getting your life back together after a financially devastating event such as a serious illness, extended unemployment, or even a difficult divorce.

Types of Bankruptcy

  April 15, 2012     By John R. Himes
There are several types of bankruptcy available to those seeking to end the debt in which they have found themselves. These include, Chapter 7, Chapter 11, Chapter 12, and Chapter 13 bankruptcy. The Federal Bankruptcy Act specifically addresses the different types of bankruptcy available to individuals and it defines them by chapter.

Debt Collectors — Some of the Scariest Threats

Debt collection agencies have quite the basket of tricks when it comes to trying to collect on a debt. There are several problems with this fact, and that is that some of the tactics that they use are not particularly legal. Fair Debt Collection Practices Act (FDCPA) established guidelines in which the debt collection agencies are supposed to file in order to keep them from crossing the line of doing their job into harassment.

Understanding the Fair Debt Collection Practices Act

  April 10, 2012     By Heston Ciment
The Fair Debt Collection Practices Act was established in 1978 in order to eliminate the abusive practices of debt collection that are sometimes enacted in a creditor’s attempts to collect on unpaid consumer debts. At its core, the Fair Debt Collection Practices Act (FDCPA) was designed to promote fair debt collection among creditors and collection agencies throughout the United States.

Take Notice That Trouble is on the Horizon

Credit card debt trouble is not something that is uncommon to hear about in today’s society. The average person has more credit card debt than they ever have before, and the lack of new available credit makes getting out of debt extremely difficult. There are a few ways that you should be able to notice if credit card trouble is on the horizon for you.

Discharging Your Debt: Bankruptcy and Its Alternatives

  April 9, 2012     By Scupp & Berman, LLP
If you have accumulated an overwhelming amount of debt and are unsure of where to turn next, you are not alone! Many people throughout the country have struggled with debt over the years, and you could be the next person to discharge your debt through bankruptcy or an alternative process.

Homeowner's Do Not Always Have to Tender (Pay Mortgage) Before Suing the Bank!

  April 9, 2012     By Rydstrom Law
Wrongful Foreclosure; Wrongful HAMP Denial: No tender is required to enjoin a foreclosure sale prior to the sale, in the event of [the bank’s] non-compliance with Civil Code § 2923.5 (Mabry v. Superior Court (2010) 185 Cal. App. 4th 208). However, even after the sale, a void, fraudulent or mistaken foreclosure process, sale or trustee’s deed can be set aside [or further enjoined].

Avoid and Relieve Debt Through Smart Budgeting

  April 6, 2012     By Blutter & Blutter, Attorneys At Law
If you are struggling with debt, there are simple steps that you can take through budgeting and saving to help safeguard your assets. In some cases, however, this is not enough; in these situations, it may be time to consider filing for bankruptcy to take control of your finances once more.

Bankruptcy Timeline: What to Expect After Declaring Bankruptcy

  April 6, 2012     By Joseph P. Doyle
Before making the decision to declare yourself bankrupt, it will be very beneficial to understand the sequence of events that will come after doing so. Therefore, knowing the timeline of the bankruptcy process could prove to be very beneficial to the outcome of your case. There is more than one type of bankruptcy which can be filed; two of the most common are Chapter 7 and Chapter 13.

Is Taking Retirement Funds Early Safe?

  April 5, 2012     By Byrd Garrett PLLC
During this time of economic woes, more people are turning to their retirement accounts for extra funds. So, is this a safe option to help you get through a job loss or financial crisis? Before you withdraw your funds early you should consider the costs you may incur, if your situation may avoid some of those costs, and if there is an alternative to provide you with the same financial relief.

Fair Debt Collection Practices Act: A Stand Against Harassment

  April 5, 2012     By Peter Rasla & Associates, P.L.C.
Debt collectors employ any means available when they are looking to recover debts. They can cross the lines in how they deal with consumers and to battle this, the Fair Debt Collection Practices Act was passed. When it comes to creditor harassment you are not without options. Countless individuals find themselves in the position where they are daily harassed by creditors and collectors. Legislation has even been passed to battle this widespread issue.

Top Five Alternatives to Foreclosure

  April 5, 2012     By Carman Law Firm, P.A.
More and more families are facing threats of foreclosure in the U.S. If you have found yourself in this situation, learn about the different alternatives that could help you avoid losing your home to foreclosure. Throughout the country, families and individuals are finding it increasingly difficult to keep up with mortgage payments and other monthly bills.

What to Look for When Getting a Credit Card

  April 4, 2012     By Malaise Law Firm
By stripping the glamor away from credit cards, you can see what they’re really all about. Turning 18 means a lot of different things. Some people think of freedom. You are now legally an adult and can event vote if you wanted to. One thing that you can do when you turn 18 is apply for a credit card. This freedom doesn’t come without the need for much consideration.

Do I Even Need an Attorney?

  April 4, 2012     By Malaise Law Firm
Like it or not, getting help from an attorney may be the best thing that has ever happened to you. You may have an independent streak in you. There is absolutely nothing wrong with that. When it comes to financial issues though you may not have a choice but to ask for help. Asking for help can be an extremely humbling experience. No one wants to admit that they can no longer take care of their own affairs.

What Happens When a City Goes Bankrupt?

  April 4, 2012     By Malaise Law Firm
Wondering what happens when an entire city is facing financial trouble? Keep reading. When people think of bankruptcy they likely think of someone struggling with personal finances. Did you know that it is possible for an entire city to go bankrupt? Municipality Bankruptcy, also called Chapter 9, was set up in the Great Depression in order to cope with the crashing economy.

Loan Modifications and How to Detect a Scam

  April 4, 2012     By McCue Law
More and more people are finding it difficult to keep with mortgage payments. Is there a way to keep your home? Due to the difficult economic climate, many people who have worked hard their entire lives have suddenly found it difficult to keep up with monthly bills and mortgage payments. If you are in this situation, you probably have questions regarding what your options are.

Chapter 7 vs. Chapter 13: Important Information You Need to Know

  April 4, 2012     By Hensel Law Office, PLLC
Few people are unfamiliar with the bankruptcy terms referred to as Chapter 7 and Chapter 13. However, far more are less familiar with what the difference between these two types of filings is and just how it can be determined when to use one versus another. Bankruptcy is most often a court-ordered process that is first initiated by the debtor.

Rangers Football Club: Not Entirely Directionless

  April 2, 2012     By Halliday Campbell WS
The overwhelmingly common theme to the reports of Lord Hodge’s ruling in the ongoing Rangers administration case was that he refused to give any directions: the BBC’s “'No ruling' on Rangers administrators' Ticketus challenge” was pretty typical. In fact, the court provided a careful and useful analysis of the law and, in particular, highlighted once more the dangers of failing to appreciate that the Scottish and English jurisdictions, laws and legal traditions are quite separate and distinct.

Consumer Protection Basics (Maryland): Advising the Client at the Initial Consultation

  April 1, 2012     By Law Office of Jason Ostendorf LLC
This article outlines the basics of Maryland consumer protection law. The reader will understand how to effectively advise the client at the initial consultation. The Maryland Consumer Protection Act (CPA) is codified at Md. Code, Com. Law § 13-101 et seq. The CPA is very broad, and covers virtually any form of fraud that a business might commit or attempt against a consumer.

Foreclosure Defense Basics

  April 1, 2012     By Law Office of Jason Ostendorf LLC
This article details the basics of representing the homeowner facing a Maryland foreclosure. With the continued economic crisis, it is important for lawyers to know how to represent a homeowner in foreclosure. While much discussion has been devoted to deeds in lieu of foreclosure, short sales, and other ways to help a homeowner exit their home, not much discussion has been devoted to how to challenge a wrongful foreclosure. This article covers the basics.

Credit Repair Scams

  March 30, 2012     By Malaise Law Firm
If you have bad credit, you want it gone. The only problem is that it’s not that easy. You may see advertisements that say things like “Bad Credit? No Problem!” or “We can erase your bad credit in an instant!” but something that sounds this easy is most likely too good to be true.

Pulling a Fast One on Bankruptcy Proceedings

  March 29, 2012     By Malaise Law Firm
If you're facing financial struggles, don't cut corners around the law. Avoid bankruptcy fraud by getting help from a competent attorney. While bankruptcy filings nation-wide went down a total of 8 percent in 2011 from the year before, the total number of filings in the fiscal year of 2011 was 1,467,221. Obviously there is still a great need for financial remedies in the United States.

Why Child Support Payments Can’t be Discharged

  March 29, 2012     By Malaise Law Firm
It is common family law practice to charge an ex-spouse to pay child support payments to the individual that is responsible for caring for the child. Like any other type of payment though, people can get behind on child support payments making it difficult to catch up. If you are thinking about filing for bankruptcy, even Chapter 7 bankruptcy, child support debt is something that can’t be discharged.

Consumer Bill of Right Exemption: Corporate or Business Accounts

The Credit Card Accountability, Responsibility and Disclosure Act in May of 2009 was put into place as an effort to offer some sort of relief to the average credit card consumer from the abusive of the credit card companies.

What is the Bill of Rights for Card Holders?

2009 marked a remarkable year for credit card holders. President Obama passed a law restricting the type of treatment that credit card issuers were able to deal out to their clients. The Credit Card Accountability and Disclosure Act of 2009 and was established in an effort to narrow down the amount of abuse that credit card holders were receiving.

Tacoma Bankruptcy Lawyers Help Protect Your Property - and Your Future

  March 27, 2012     By Drakeley PLLC
If you're like millions of others, you may find that you're having a hard time paying your bills. Your mortgage is in arrears, and you just don't see any way out. The stress is enough to drive you crazy, and the constant harassment by creditors almost unbearable. If this describes you, Tacoma bankruptcy lawyers can help put an end to the constant harassing and threats, and protect your future.

Seattle Bankruptcy Attorneys Work to Make a Stressful Time in Your Life Easier

  March 27, 2012     By Drakeley PLLC
Deciding to file bankruptcy isn't easy, and you may not have made up your mind whether this is the best option for you if you are facing constant harassment from creditors. A skilled Seattle bankruptcy attorney can help you make that decision, and work with you through the entire process should you decide it is the best solution to your financial issues.

When Do You Need a Seattle IRS Lawyer?

  March 27, 2012     By Drakeley PLLC
Sometimes you just cannot do it alone. When you need an expert dealing with the IRS, a Seattle IRS lawyer is just the ticket. Perhaps you have a business overseas and require help with your taxes. Maybe the IRS is making an audit of your company and you feel a bit queasy about it. If there are any allegations of tax fraud, you definitely want someone on your side fighting for you.

How Seattle Tax Lawyers Assist Those with IRS Problems and Other Tax Issues

  March 27, 2012     By Drakeley PLLC
Dealing with the IRS is never pleasant, even when you do not owe the agency money. When you're behind on filing or owe back taxes, it can be downright scary. If you fear that your wages will be garnished or your bank account levied, it's time to consult with Seattle tax lawyers who can help guide you and determine the next steps to resolve the issues.

A Renton IRS Attorney Can Help Stop Harassment and Resolve Tax Issues

  March 27, 2012     By Drakeley PLLC
The Internal Revenue Service is a very intimidating entity to most people. When you are behind on filing, failed to file past tax returns or simply cannot afford to pay what you owe, it can cause undue stress and anxiety. An experienced Renton IRS attorney can help put an end to the stress you are under, and the harassment. You may fear that your bank account will be levied, or that you may even be put in jail.

Can Parties Stipulate "if Debtor Fails to Pay Loan He Has to Pay Doble?" - Ethiopia

  March 24, 2012     By Fikadu Law Office
In a contract of loan the parties can agree to the terms of loan. But can parties stipulate provisions stating if the debtor fails to pay the loan within the time specified that he had to pay double/twice of the original loan money?

Legal Recourse Against Credit Reporting Errors

  March 21, 2012     By Law Office of Michael P. Forbes
By law, credit reporting agencies are expected to keep information on your credit report accurate. When you have followed every avenue to correct an inaccuracy and a credit reporting agency fails to remove the wrong information, you have legal recourse against them.

Chapter 7 Bankruptcy Timeline

  March 21, 2012     By Malaise Law Firm
Chapter 7 bankruptcy or “total bankruptcy” means that after the process is complete, you will be totally absolved of all debt. When no other options are doable for your situation, this is likely the route you will choose.

Defaulting on Student Loans

  March 21, 2012     By Malaise Law Firm
College students are living in the present with no thought of tomorrow…until they start nearing graduation day. That college education came at a price and now graduates have to start thinking about how they are going to pay off their student loans. Students may have trouble finding a job after graduation or a job that provides enough income.

Removing the Stress from Dealing with the IRS

  March 21, 2012     By Malaise Law Firm
Many people struggle with tax debt. Dealing with the IRS may seem daunting, especially if you have had trouble with them in the past. If you fail to pay your tax returns then debt can build up extremely quickly, leaving you wondering how you can ever recover. If you owe less than $10,000 then you can likely handle your debts on your own, but if you owe more than this you may need serious help from a tax professional or lawyer.

Is Bankruptcy Right For You?

  March 16, 2012     By Sheppard Law Offices
Are you and your family in financial trouble? Many people believe that they need to avoid bankruptcy at all costs; however, it might be the tool necessary to get yourself out of crippling debt.

The Bankruptcy Abuse Prevention and Consumer Protection Act

  March 15, 2012     By Malaise Law Firm
Passed in 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted to change current bankruptcy laws. This new law made it more difficult for people to file for Chapter 7 bankruptcy. It does not affect the difficulty of filing for Chapter 13 bankruptcy, since this type of bankruptcy retains the repayment of loans by the individual. It may however raise the price of payments you have to make after you file.

Is Short Sale a Good Idea?

  March 15, 2012     By Malaise Law Firm
A short sale carries its name because the money you get from selling your home comes short of the amount of debt you owe on the house. A homeowner can’t simply sell their home. They have to enter into an agreement with their lender. If the lender agrees to take less money than is actually owed, then you are free from all future payments on that home. People usually choose short sale as an alternative to foreclosure when no other options have worked for them.

Is Bankruptcy My Only Option?

  March 15, 2012     By Malaise Law Firm
If you are facing financial difficulties, you probably don’t want to mention the word “bankruptcy.” Bankruptcy seems like a last resort and something that does more harm than good. While those things aren’t necessarily true about bankruptcy, you do have other options before you file.

Tips on Avoiding Bankruptcy and Foreclosure

  March 15, 2012     By Bryan Diaz Law, P.C.
Are you overwhelmed by debt? Filing for bankruptcy is not your only option! Through loan modification, short sale, or debt settlement, you could get your life back on track. Although some experts are hopeful that the economy is improving and will continue to improve, many families across the U.S. are still feeling the negative effects. Some have lost their jobs, others, their homes.

Is Strategic Default a Good Idea?

  March 14, 2012     By The Law Office of Jon M. Cooper, APLC
With the state of the economy over the past decade, millions of Americans have been sitting on their homes as they wait out the foreclosure process, taking advantage of free living and waiting for a strategic default. A strategic default is the decision by the borrower to quit making payments on their debt, even though they have the financial ability to do so.

While Jobs Increase Consumer Spending Remains Low

  March 12, 2012     By Law Office of Edwin M Walker III, P.A.
Consumer spending is a great initiator of the U.S. economy, pushing it forward or back depending on the trends of the time. It is so important that it accounts for around 70 percent of the activity of the economy. The job market has taken many hits recently. Economic hard times have forced many workers to seek unemployment compensation while they continue seeking jobs elsewhere.

What Happened to Foreclosure Prevention Funds?

  March 6, 2012     By Malaise Law Firm
Obama legislation to manufacture a foreclosure prevention fund seems like it has largely gone without effect. The plan, intended to help 18 states where foreclosures were most rampant, cost billions of dollars and was issued to help homeowners who were unemployed avoid foreclosure. Foreclosure is still a massive problem.

Houston Unemployment and a Booming Texas Economy

  March 6, 2012     By Malaise Law Firm
The unemployment rate in Houston is at 10 percent as of December 2011 according to the US Bureau of Labor Statistics, 2 percent higher than the national average. This is shocking, considering Texas is leading the nation in government job growth. About four years ago, government stimulus was supplied in hopes of restoring economies to get them growing again.

What If I’m Denied Social Security Benefits?

  March 5, 2012     By Malaise Law Firm
Maybe the time has come in your life to get your social security disability benefits, but what happens when those benefits are denied?

Should I File Bankruptcy or Divorce First?

  March 5, 2012     By The Wright Firm, L.L.P.
If you intend to file Chapter 7 bankruptcy, then it is generally in your (and your soon to be ex-spouses) best interest to complete your bankruptcy first before filing for divorce. Clients inquiring about bankruptcy often ask about divorce as well. This makes sense. Financial problems often lead to dissolution of marriage. If your goal is to file both bankruptcy and divorce it is very important to pursue both legal matters in the correct order.

Understanding How to Keep Your Car during Bankruptcy

  March 5, 2012     By Leinart Law Firm
In general, if a car loan is not paid, the creditor who financed the loan stands to lose money. Consequently, in order to reduce losses on defaulted car loans, creditors use “repo men” to repossess cars whose owners have defaulted on their loans. While it goes without saying, it’s important to remember that a car loan constitutes a legal agreement between you and your creditor.

What is Chapter 7 Bankruptcy?

  March 5, 2012     By Leinart Law Firm
To be eligible for Chapter 7, the debtor must be a person, corporation, partnership, or other business entity. It does not matter how solvent the filer's debts are. An individual, however, is not eligible to file for Chapter 7 protection if he or she has filed in the last 180 days.

The Key Issues and Terms of Polish Bill of Exchange Law

  March 1, 2012     By Dudkowiak Kopec Legal Advisors
In Poland bills of exchange are commonly used to secure various obligations. They are used in between consumers as well as in professional transactions. Advantages of the bill of exchange are often used by the banks and other financial institutions. Almost every loan or a mortgage credit in Poland is secured by the bill of exchange.

Tax Free Services and Internet Purchases

  March 1, 2012     By Law Offices of Moffa, Gainor, & Sutton, P.A.
With the ever increasing amount of taxes, consumers have found ways around some of the rules for the time being. One recent way in which they have been able to avoid the high expense of taxes is through online purchases. Buying items online is not a completely new concept, but is more recent and has been steadily gaining greater popularity.

Facing Bankruptcy? Know Your Alternatives

  February 29, 2012     By Dillenbeck Law
There are many ways to escape debt and not all of these include the fate of declaring oneself bankrupt. In fact, many alternatives to bankruptcy exist that may be just as effective in putting an end to the overwhelming financial problems from which you are currently struggling.

Debunking Common Bankruptcy Myths

  February 28, 2012     By Buff & Chronister LLC
If you have found yourself in overwhelming debt for which you feel there is no escape, then you may be looking at the possibility of filing for bankruptcy. Unfortunately, for many this process is clouded by preconceived notions about the idea which may not accurately portray the reality of what filing has to offer. Therefore, it is important to take the steps necessary to ensure that your perceptions of the process are not actually misconceptions.