Recent Posts in Debtor Category
| May 22, 2010 |
| I stopped paying my credit card bill. What is going to happen? |
| Posted By Robert Kovacs |
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When you stop paying your credit card bill the bank will want to find a way to get you to start paying again. The first step will likely be making phone calls and sending letters. If that does not work the bank may hire a debt collector to turn up the heat on you.
The collection agency will call, a lot. And send many letters. If still you are not paying your bank will likely hire a local debt collection law firm to attempt to collect.
The law firm will likely again send more letters and make more phone calls. If still not payment is made then they are likely to bring a lawsuit against you.
In order to start a law suit the bank will have to file a complaint and serve a summons on you.
In my experience it typically takes 10 - 12 months from the time of the first missed payment and the time of the law suite.
Filing for bankruptcy will likely stop all collection calls, letters, and law suits the moment the case is filed. |
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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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| February 11, 2010 |
| What is Bankruptcy Counseling? Pre Filing Counseling |
| Posted By Robert Kovacs |
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In order for an individual to qualify for bankruptcy protection you must first complete Credit Counseling. Counseling can be completed on-line, over the phone, and in person. The counseling will take about 2 hours.
In order to for an agency to provide bankruptcy credit counseling, the agency must be a not for profit corporation and approved by the US Department of Justice. A list of approved agencies is available at
http://www.justice.gov/ust/
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I, and most other attorneys, will provide clients with a referral to the agency that has provided a Quality service to my clients in the past.
With the internet the counseling is available nearly 24 hours a day so there should be a convenient time for you to complete the course.
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