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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...
As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
It’s a task that few of us look forward to: arranging for help to be there if, as senior citizens, we
are no longer able to care for ourselves. For 1.4 million seniors, that care comes in a nursing home
where most residents have their bills paid by the government through the Medicaid program. For
millions of others, that care comes from family members or paid providers, in homes or assisted living
facilities...
Discrimination in mortgage lending is prohibited by the Fair Housing Act. The Act makes it unlawful to engage in discriminatory practices based on race, color, national origin, religion, sex, familial status or handicap (disability). Examples of discrimination in lending include:
To equip assisted living and nursing facility staff with the know-how to prevent and spot the warning signs of elder financial abuse, the Consumer Financial Protection Bureau offers a guide to protecting residents from financial exploitation.
Please find attached a template letter that you can use to request information from your mortgage servicer for information regarding escrow accounts if your mortgage loan is currently in forebearance.
The National Consumer Law Center has created guides addressing your credit card and debit card protections and legal rights. For more information, please view the attached factsheets.
This brochure was created by Idaho Legal Aid Services, Inc. to advise seniors on how to protect their home in relation to issues like Medicaid, foreclosure, deed, reverse mortgages, and letting others reside with you.
The Federal Deposit Insurance Corporation has created a guide on how to recognize and protect yourself from mortgage rescue scams. Please see the attached for more information.
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