Recent Blog Posts in March 2010 |
| March 21, 2010 |
| Judge Hoffman set to take the bench April 15, 2010 |
| Posted By Robert Kovacs |
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Judge Melvin Hoffman is set to take the bench April 15, 2010. Judge Hoffman will be taking the seat left by retiring Judge Rosenthal in the Massachusetts Bankruptcy Court, Central Division.
Judge Rosenthal will remain on the bench through April 14, 2010. |
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| March 21, 2010 |
| Recent Discharge Violation Case Settles for $15,000 |
| Posted By Robert Kovacs |
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A recent discharge violation case of mine has settled for $15,000.00
In this case a creditor continued to call and send bills to a family after they had filed for bankruptcy and after they had received their bankruptcy discharge.
The creditors continued debt collections efforts were harassing and unsettling to the debtors. In this case the debtors had several children, recently overcame mortgage problems, and loss of a job. The creditor’s illegal collections efforts denied the family their right to a fresh start and a chance to move on and rebuild their financial life.
The creditor and debtor agreed to settle this violation for $15,000.00 after a law suit had been filed in court.
If you have been the victim of a discharge violation you may be entitled to money damages. |
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| March 20, 2010 |
| Creditors that continue to attempt to collect on discharged debt are violating the law. |
| Posted By Robert Kovacs |
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At the conclusion of most individual bankruptcy cases a Debtor receives a “discharge” of his debts. The discharge is a release of your personal legal obligation to repay your debts. In part that discharge serves as an injunction against the discharged creditors ever attempting to collect a discharged debt.
In some cases a creditor may ignore the discharge injunction and continue to harass the debtor in an attempt to collect the debt. This harassment is illegally and hampers the Debtor’s ability to get a fresh start and move on in life.
A creditor may be liable to a debtor for violations of the discharge and have to pay to the debtor money damages.
If you have been the victim of harassing phone calls, collections letters, or other debt collection activates on discharged debt you may be entitled to money damages.
The Law Office of Robert W. Kovacs, Jr. will pursue all such violations. We will handle your discharge violation case even if you used another attorney for the underlying bankruptcy case.
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| March 20, 2010 |
| I just filed bankruptcy and my creditors keep on calling -- What can I do? |
| Posted By Robert Kovacs |
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After filing bankruptcy the “automatic stay” comes into effect. Much like the name implies it happens automatically upon the filing of your case and stays actions against you.
This means that a creditor cannot call you to collect a on a debt as soon as your case is filed. However, it may actually take 2 – 3 weeks for all your creditors to receive notice of the bankruptcy and really stop calling.
During this 2 – 3 weeks period you may answer the phone and tell your creditors about your bankruptcy filing. The creditor will likely ask for your case number and attorney information. Providing this information will cause the creditor to have actual knowledge of your filing and thus they will have to stop calling.
If they still continue to call, call your lawyer, the creditor may be ignoring the stay or they may not have received notice of your case. In either event a strongly worded letter from your attorney is appropriate.
If after a warning letter from your attorney the creditor continues to call, you may be able to bring an action against your creditor for money damages.
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| March 06, 2010 |
| Debt Settlement Article |
| Posted By Robert Kovacs |
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I came across an article this morning about Debt Settlement on Yahoo. It has a good explanation of what to REALLY expect from the Debt Settlement companies.
http://finance.yahoo.com/banking-budgeting/article/108975/can-you-settle-credit-card-debt-for-pennies?mod=bb-creditcards
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