Feb 24, 2021 | Business Debt, Debt Collection
Not too long ago, an attorney called me on the Lawyer-to-Lawyer directory*. He had recently obtained a judgment for his client against a Limited Liability Company (LLC). The amount of the judgment was $17,000, and he believed the LLC might not have much in the way of...
Feb 17, 2021 | Consumer Law Issues, Debt Collection
Photo by Alexander Dummer from Pexels The Fair Debt Collection Practice Act (FDCPA), prohibits misleading an unsophisticated debtor. An “unsophisticated debtor” is “one who is uninformed, naïve and trusting, but does possess rudimentary knowledge about the financial...
Mar 30, 2020 | Blog, Debt Collection
The good news is you get to direct how that payment is applied. You should do so, because if you do fail to direct the application of the payment to a particular debt, the creditor may apply the payment as it chooses to. There is an exception to these...
Nov 6, 2018 | Blog, Debt Collection, General Bankruptcy
I was invited by the American Bankruptcy Institute to speak on Chapter 13 issues at the ABI Consumer Bankruptcy Conference in Chicago. A big issue: the effect we are seeing from having shortened the time within which creditors must file proofs of claim in bankruptcy...
Oct 16, 2018 | Blog, Chapter 13 Bankruptcy, Debt Collection, General Bankruptcy
Chapter 13 provides the debtor with a discharge upon completion of all payments under the plan. For many years this has worked well, and debtors received a discharge even if they have not made all the payments which were to be made directly to creditors. Payments made...
Oct 3, 2018 | Blog, Debt Collection
Question: I will be filing bankruptcy and am preparing my schedules. As my financial problems have worsened, I have used money from my minor children’s savings accounts. Do I have to say anything about this? Answer: Yes. The money you have “borrowed” from your...
