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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...
Example brief where issues include relocating out of state with children in a custody dispute.
Predatory lending comes in a number of different forms. In each instance, however, a financial institution takes unfair advantage of a consumer’s financial needs by charging high interest rates and other unconscionable fees and charges...
If you’re looking for a mortgage to buy a home or refinance an existing loan, you may see or hear ads with offers of low rates or payments. Whether you see them on the Internet, on television or in the paper, or whether they come by fax or mail, some of these ads look like they’re from your mortgage company or a government agency. Regardless of where you see the ads, remember that while the offers are tempting, some are terribly flawed: they don’t disclose the true terms of the deal as the law requires.
If you’re refinancing your mortgage or applying for a home equity installment loan, you should know about the Home Ownership and Equity Protection Act of 1994 (HOEPA). The law addresses certain deceptive and unfair practices in home equity lending. It amends the Truth in Lending Act (TILA) and establishes requirements for certain loans with high rates and/or high fees.
Be suspicious of anyone who offers you a “bargain loan” or “consolidation” loan, whether they send you an offer, call you on the phone, or come to your door. Don’t rely on salespeople who promiseeasy credit. Be suspicious of anyone who contacts you first...
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