Blogs

Having just observed another Halloween, I thought this might be a good time to discuss the evils of “Zombie Debt.” 

Credit card debt is a problem, both for the nation and for individuals. According to credit reporting agency Experian, Americans were carrying about $834 billion in credit card debt as of the end of 2018, and that number continues to grow.

The 341 Meeting which has been scheduled in your case will be held at the Robert S. Vance Federal Building located at 1800 Fifth Avenue North, Birmingham, Alabama 35203-2111.

Remember to dress appropriately for your hearing-business casual attire. (Shirts with collars and sleeves, long pants, skirts or dresses with sleeves. No shorts, t-shirts, tank tops, flip flops, etc.) 

For many homeowners, real property plays two very important roles: the family home and the family’s largest asset. So, it’s no surprise that most people who own homes and are considering bankruptcy have questions about how filing bankruptcy will impact home ownership. The answer to that question depends on a variety of factors, including:

Having your car repossessed can be catastrophic. When repossession happens, it’s usually because you’re already struggling financially. Suddenly, you may find yourself without the transportation you need to keep income flowing, whether that means driving to work or going on job interviews. And, depending on where in Alabama you live, you may also need your vehicle to take your children to school, grocery shop, get to medical appointments and more.

If you’ve ever been pursued by a debt collector, chances are good that you felt harassed. But, “debt collector harassment” has a specific legal meaning. And, when that line is crossed, the law protects consumers and creates a framework for fighting back. A consumer who has been harassed by a debt collector may even be entitled to statutory damages of up to $1,000, in addition to any actual damages suffered. In some cases, punitive damages may also be appropriate. 

Many people who are struggling financially hesitate to consider bankruptcy because they have heard that they will lose their homes if they file for bankruptcy protection. "Can I keep my home if I file for Bankruptcy" is one of the most common questions we hear in our office. The truth, though, is that most bankruptcy filers are able to keep their homes. In fact, some people who have fallen behind on mortgage debt can use the bankruptcy process to help save their homes. 

If you’re worried about identity theft, you’re in good company. More than ⅔ of U.S. adults responding to a 2018 survey by Harris Poll and NerdWallet said they were increasingly concerned about the security of their financial information online. According to the same survey, fewer than half believe that credit reporting agencies or the U.S. government are doing enough to protect their financial information, and just 51% said banks were doing enough.

Most consumer bankruptcy filers have been struggling with debt for at least two years before filing, and a significant percentage report ongoing financial problems for five years or more. If you’re among those who invested months or years in attempting to catch up on debts and find another solution before filing bankruptcy, creditor preferences have probably become a way of life for you.

When you file bankruptcy, you have a right to expect relief from collection harassment. The automatic stay prevents most creditors from pursuing ALL collection actions immediately upon filing in most bankruptcy cases, and the bankruptcy discharge order makes that prohibition permanent--at least, as to debts that were discharged in the bankruptcy.

Unfortunately, some people who have successfully completed their bankruptcy cases still have problems with past creditors, including: