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OK, so you can no longer afford your car. What to do? The first idea comes to you after a few intense discussions with your spouse or perhaps after a few beers. “I know, we’ll just give it back.” The next day you call the dealership and tell them why you can’t afford to make payments. Fully expecting to hear from that same understanding salesman that threw in the leather and sunroof at “factory” prices, instead you get the third degree about late fees and penalties.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, urges you
to be skeptical of mail and phone calls warning that the warranty on your car is about to expire.
The companies behind the mail and calls may give the impression they represent your car dealer
or manufacturer. With phrases like Motor Vehicle Notification, Final Warranty Notice or Notice of
Interruption, they are trying to make the offer seem urgent — and to get you to call a toll-free number
for more information.
For more information, please click the link below.
Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully...
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
A common question is whether or not a debtor can keep a credit card after filing for bankruptcy protection and do I have to list the cards I want to keep. If you owe a balance at the time the bankruptcy petition is filed, you must list the debt. This applies regardless of the amount of the debt. If you are worried that you cannot live without a credit card there are a few options. A credit card with a zero balance does not need to be listed and can be used after you file the bankruptcy petition. If you have a card with a low balance, you should pay it off before filing for bankruptcy.
The Federal Trade Commission has created guidance for consumers on whether debt relief or bankruptcy may be right for them.
As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances...
Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt...
At times we find ourselves in a difficult situation involving our bank, a large business, etc. and don’t know what to do. Calling customer service hasn’t led to any real results so you may be asking yourself what to do next?
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