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If you've ever applied for a credit card, a personal loan, or insurance, there's a file about you. This file is known as your credit report. It includes information on where you live, how you pay your bills, whether you've been sued or arrested, or have filed for bankruptcy. Consumer reporting companies sell the information in your report to creditors, insurers, employers, and other businesses with a legitimate need for it. They use the information to evaluate your applications for credit, insurance, employment, or a lease.
The Fair Credit Reporting Act requires each of the nationwide consumer reporting companies – Equifax, Experian, and TransUnion – to provide you with a copy of your credit report once every 12 months.
Your credit report contains information about where you live, how you pay your bills, and whether you’ve been sued or arrested, or have filed for bankruptcy. Consumer reporting companies sell the information in your report to creditors, insurers, employers, and other businesses that use it to evaluate your applications for credit, insurance, employment, or renting a home. The federal Fair Credit Reporting Act (FCRA) promotes the accuracy and privacy of information in the files of the nation’s consumer reporting companies.
A good credit rating is very important. Businesses inspect your credit history when they evaluate your applications for credit, insurance, employment, and even leases. They can use it when they choose to give or deny you credit or insurance, provided you receive fair and equal treatment. Sometimes, things happen that can cause credit problems: a temporary loss of income, an illness, even a computer error. Solving credit problems may take time and patience, but it doesn’t have to be an ordeal.
Your home is likely your most valuable asset, and you have an interest in maintaining ownership, protecting your equity and preserving your credit rating. This manual describes how you can better protect yourself from scams and deceptive business practices aimed at homeowners. Mortgage fraud, foreclosure rescue schemes and other deceptive practices have invaded our state, offering empty promises and stealing the dream of home ownership. Both Idaho and federal law offer some protections against mortgage fraud. Some of these laws are discussed in this manual.
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.
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