San Diego Bankruptcy Attorney Blog

A San Diego Bankruptcy Attorney provides a Creditor Harassment FAQ

Text: QUESTION 1: How might creditors harass me?
ANSWER 1: The most common example of creditor harassment is phone calls. The creditors call from 8 a.m. through 9 p.m., as the Federal Fair Debt Collections Practices Act allows (unless the creditor has knowledge of circumstances to the contrary). The creditors also contact your friends and family, under the auspices of looking for you or passing a message through them to you. Worst of all, they contact your employer, again under the guise of trying to find you. Needless to say, most people do not like their employers’ knowing about their finances. The creditors also send mean letters; sometimes these letters are sent from “lawyers” (though it is most likely the creditor using, with permission, a lawyer’s letterhead) threatening a lawsuit.

QUESTION 2: Will bankruptcy stop the harassment?ANSWER 2: Yes, absolutely. The filing of a bankruptcy creates an automatic stay, which prevents the creditor from contacting you directly (and stops them from taking any collection action whatsoever).

QUESTION 3: Is there any other way to stop the harassment other than filing for bankruptcy?
ANSWER 3: You can certainly pay the debt or negotiate an arrangement with a creditor; this should stop them from calling, of course. Another solution is to consult the Federal Fair Debt Collection Practices Act and apply the steps to notify the creditor of your option not to pay or be contacted.

QUESTION 4: Is a lawsuit considered harassment?
ANSWER 4: it sure feels like a lawsuit is harassment, especially when you have no money to pay. Indeed, the creditor may only be suing you to provide you incentive to make a payment plan (and they will then not pursue a judgment or collecting on the debt even if they garner a judgment). But officially, a creditor is allowed to you sue; so it is not considered the type of harassment covered by the Federal Fair Debt Collections Practices Act.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego bankruptcy attorney on Debtors and Involuntary Bankruptcy

Debtors and involuntary bankruptcy are not two things that often go together. This is because the vast majority of bankruptcies filed are voluntary cases. However, debtors and involuntary bankruptcy do occur together. An involuntary bankruptcy may be filed pursuant to 11 USC § 303 if three creditors whose claims total in excess of $10,000 act together or one creditor may act unilaterally if their claim exceeds $10,000 and they are one of twelve or less creditors. The process of bringing together debtors and involuntary bankruptcy is like a typical civil lawsuit in that a case must be filed, then the responding party (the debtor) has a period of time to answer the charges, or, if she fails to do so, a default may be brought against the debtor and a bankruptcy will proceed. Of course, an answer without merit will also begin the case. This is how debtors and involuntary bankruptcy begin. The major stumbling block to creditors initiating this action is that there first had to be a receiver, custodian, or assignee having taken possession of the debtor’s property for the purpose of enforcing a lien. This is uncommon; involuntary bankruptcies are thus uncommon. Debtors and involuntary bankruptcy may not proceed in Chapter 13 but only under Chapters 7 or 13; also the debtors and involuntary bankruptcy case may not proceed against farmers, non-profit organizations, and insurance entities.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego bankruptcy attorney lets you know what a debt creditor law firm is...

A debt creditor law firm is the legal representative of the lender. A debt creditor law firm will often send you harassing letters threatening lawsuits. Sometimes they will follow through with this and sometimes they will not. In any event, if a debt creditor law firm has your case, it means that it has gone from original lender to collection agency to a law firm (or, more likely, a lawyer or law firm within the collection agency). The involvement of a debt creditor law firm is the final step before a lawsuit is filed or the case is written off by the collector. Take a letter from a debt creditor law firm seriously but do not let their threatening and harassing “legalese” scare you. A debt creditor law firm cannot do anything more to you than any typical creditor. There must be a lawsuit filed (in nearly all cases) before any collection action can occur. After that, a garnishment or levy may ensue.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego bankruptcy attorney remarks on the cost of bankruptcy in San Diego...

The bankruptcy cost in San Diego as the same as the bankruptcy cost in the rest of the United States. That is, bankruptcy is a federal matter even though each state has its own set of exemptions (or asset-protection rules). The actual bankruptcy cost is $299 for the filing fee in a Chapter 7. The bankruptcy cost in a Chapter 13 is $274. Of course, retaining an attorney is a good idea as the bankruptcy petition is a complex document and the rules and laws associated with getting a discharge are not simple. This does not even factor in understanding the benefits and consequences associated with bankruptcy. A lawyer will detail all of these for you and counsel you through the process. This will increase the bankruptcy cost, however. Perhaps it is best said that while the bankruptcy cost related to the filing fee is around $300, the ultimate cost to not filing bankruptcy or not understanding what you need to do if you file the bankruptcy without a lawyer is incalculably much higher. Bankruptcy cost is worth considering before proceeding or electing to hire counsel but it should only be one of many factors in your decision to file and your decision to retain an attorney.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego bankruptcy lawyer answers: Do I need debt counseling before bankruptcy?

For the most part, yes. There are some exceptions to the debt counseling requirement, but most filers simply take the debt counseling class and include it as “Exhibit D” within the bankruptcy petition. To be specific, though, the term “debt counseling” has no actual meaning in bankruptcy and it is used inappropriately above. Specifically, there are two courses that must be taken for a bankruptcy discharge to be granted and they are known as the “credit counseling” and the “financial management” classes. Debt counseling is more of a broad term that might be offered by motivational speakers, a church group, or as part of a home economics class in high school. Therefore, “debt counseling” which might instruct you on both credit issues and how to manage finances is not required, just the two aforementioned classes are. And those classes will give you a certificate of completion. And it is this certificate of completion that is required before a bankruptcy discharge. The list of classes is available at the Department of Justice website (just don’t get locked into looking for “debt counseling” as it is probably “credit counseling” you seek): http://www.justice.gov/ust/

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego bankruptcy lawyer answers: How do I make the creditors stop calling?

Once the creditors start calling, it will be a long while before the creditors stop calling. But if you want to make your creditors stop calling, you really have three options. The first option to make the creditors stop calling is simple, though probably impossible: pay them off or work out a payment arrangement with them. The second option to make creditors stop calling is to avail yourself of the protections of the Fair Debt Collection Practices Act and the Rosenthal Act of California. Each has language discussing how you can direct the contact efforts of your creditors. The third option to make creditors stop calling is to hire an attorney for the purpose of filing a bankruptcy. Once you retain counsel, the attorney is empowered to receive all creditor contact on your behalf, thereby making the creditors stop calling and freeing you from their constant annoyance and harassment.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!

A San Diego bankruptcy attorney addresses How to solve creditor problems?

Do you have a creditor problem? If you do have a creditor problem, there are certain things you can do. Firstly, and most powerfully, you can file for bankruptcy. The solves any creditor problem because the debt is totally discharged. This will also solve the creditor problem of harassing phone calls and threatening letters in the mail. Secondly, you can solve a creditor problem by paying your debt. While this might sound obvious, the type and amount of payment that you make to your creditor to avoid the creditor problem of harassment or a threatened lawsuit can be anything really. You can ask them if it’s okay to pay a small percentage or even a small sum like $25 per month. As part of this agreement, you probably won’t put much of a dent in your balance owed, but you can keep the creditor at bay. Finally, you can solve a creditor problem by simply doing nothing. It’s very likely that your creditor will not sue you, depending on the size of the debt versus the expense of a lawsuit and what the creditor’s research about you tells them. If you don’t earn very much or have very few assets, the creditor might just realize they have no real ability to collect on the debt, even if they beat you in the lawsuit. And consider that even if you do get sued and lose, you can always file for bankruptcy later, thereby solving your creditor problem right before it becomes a garnishment problem or a bank levy problem.

If you have questions regarding Bankruptcy in San Diego County, including Carlsbad, San Diego and surround cities in San Diego County please contact us at (760) 579-7322 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Diego Bankruptcy Attorneys. After you have spoken with one of our San Diego bankruptcy attorneys, we can schedule you for a free face to face appointment in our Carlsbad bankruptcy office. Our team of Bankruptcy Lawyers, Bankruptcy Customer Care Specialists and Bankuptcy staff supporting San Deigo consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Southern California!