Last updated 1 year ago
Our recent blogs discussed the rights afforded to consumers by the Fair Debt Collection Practices Act of 1978 and eligibility requirements for those interested in filing for Chapter 7 bankruptcy. If you would like to explore these topics further, the following links may be of interest to you. To arrange a free consultation with a skilled and experienced bankruptcy lawyer in San Mateo, call the Law Offices of Gary Brenner at (650) 348-2044!
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
Added as Title VIII to the Consumer Credit Protection Act in 1978, the Fair Debt Collection Practices Act (FDCPA) was designed to eliminate abusive behavior by debt collectors and promote fair debt collection. This statute has made it easier for consumers to dispute unfair demands by debt collectors and obtain valid and accurate information about the existence of supposed debts. A bankruptcy attorney can help you fully understand the following rights the FDCPA affords you.
Protection against Harassment
Incessant phone calls, abusive language, violent threats, and other form of harassment have long been used as tactics to pressure consumers into paying their debts. Such actions are unlawful; if they are carried out against you, you should speak with a bankruptcy lawyer to ensure that your rights are protected and your interests represented.
The passage of the FDCPA made it illegal for debt collectors to call consumers after 9 p.m. or before 8 a.m. Collection agents are also forbidden from contacting consumers at work when a consumer’s employer forbids on-the-job phone calls.
Right to Keep Information Secure
The status of one’s debts is sensitive information, and an individual has the right to keep that information private. Debt collectors are prohibited from sharing information about your debts with anyone who does not have a vested interest in your debts, such as your spouse or bankruptcy attorney.
Proof-Seeking Rights
When a debt collector contacts you, you have a right to request verification or proof of the debts the debt collector is referring to within 30 days of being contacted. Until your debts are verified, it is unlawful for the debt collector to request payment from you. If he or she tries, get in touch with an experienced lawyer.
Right to Sue
If a debt collector has denied you the rights you are accorded under the FDCPA, you have the right to sue. An experienced bankruptcy attorney can provide you with the knowledge and the representation necessary to build a strong case.
Are you a resident of San Mateo, Redwood City, or San Francisco who is seeking the assistance of a bankruptcy attorney? If so, call the Law Offices of Gary Brenner at (650) 348-2044 to arrange a free consultation with one of the area’s best bankruptcy lawyers!
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
Are you a consumer or small business owner who has a steady income but is saddled by unmanageable debt repayments? If so, the court-ordered debt restructuring plan that Chapter 13 bankruptcy can provide may be able to help you turn around the state of your finances.
To learn more about Chapter 13, or “wage earner,” bankruptcy, check out this brief informational video clip. You will learn more about the specifics of Chapter 13 bankruptcy, the advantages it provides over other types of bankruptcy proceedings, and how to go about filing a joint bankruptcy petition with your spouse.
The best way to determine whether Chapter 13 bankruptcy is right for your situation is to meet with an experienced bankruptcy attorney. To arrange a free initial consultation with a dedicated and qualified bankruptcy lawyer in San Mateo, call the Law Offices of Gary Brenner at (650) 348-2044.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
The most common form of bankruptcy in the United States, Chapter 7 of the U.S. Bankruptcy Code, governs the process by which individuals and businesses liquidate their assets in order to alleviate their debt burden and earn a new financial start. Chapter 7 bankruptcy is the best option for many individuals and businesses who are seeking debt forgiveness, but not everyone is qualified to file for it. You likely qualify for Chapter 7 bankruptcy if:
- You have not recently had a bankruptcy petition dismissed.
Individual consumers and businesses that had bankruptcy petitions invalidated during the last 180 days on the grounds that the debtor failed to comply with the orders of the court are ineligible to apply for bankruptcy. These individuals and businesses can, however, consult a bankruptcy attorney to start preparing to file bankruptcy once they become eligible again.
- You recently received credit counseling.
Before filing for Chapter 7 bankruptcy, an individual or business owner must receive credit counseling services from an approved agency. A bankruptcy attorney in your area can help you find widely approved credit counseling services that are amenable to your specific needs.
- You meet the means test requirement.
The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act requires certain individuals who file for bankruptcy to pass a 60-month disposable income-based test. A debtor with an average disposable income that is higher than the state’s census median income must pass this means test in order to qualify for Chapter 7 bankruptcy.
If you meet the requirements discussed above, you are most likely eligible to file Chapter 7 bankruptcy proceedings. Filing and processing your bankruptcy can be expedited with the assistance of an experienced and qualified bankruptcy lawyer. To arrange a free initial consultation with a skilled and reliable attorney in South San Francisco, call the Law Offices of Gary Brenner at (650) 348-2044.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 year ago
Added as Title VIII to the Consumer Credit Protection Act in 1978, the Fair Debt Collection Practices Act (FDCPA) was designed to eliminate abusive behavior by debt collectors and promote fair debt collection. This statute has made it easier for consumers to dispute unfair demands by debt collectors and obtain valid and accurate information about the existence of supposed debts. A bankruptcy attorney can help you fully understand the following rights the FDCPA affords you.
Protection against Harassment
Incessant phone calls, abusive language, violent threats, and other form of harassment have long been used as tactics to pressure consumers into paying their debts. Such actions are unlawful; if they are carried out against you, you should speak with a bankruptcy lawyer to ensure that your rights are protected and your interests represented.
The passage of the FDCPA made it illegal for debt collectors to call consumers after 9 p.m. or before 8 a.m. Collection agents are also forbidden from contacting consumers at work when a consumer’s employer forbids on-the-job phone calls.
Right to Keep Information Secure
The status of one’s debts is sensitive information, and an individual has the right to keep that information private. Debt collectors are prohibited from sharing information about your debts with anyone who does not have a vested interest in your debts, such as your spouse or bankruptcy attorney.
Proof-Seeking Rights
When a debt collector contacts you, you have a right to request verification or proof of the debts the debt collector is referring to within 30 days of being contacted. Until your debts are verified, it is unlawful for the debt collector to request payment from you. If he or she tries, get in touch with an experienced lawyer.
Right to Sue
If a debt collector has denied you the rights you are accorded under the FDCPA, you have the right to sue. An experienced bankruptcy attorney can provide you with the knowledge and the representation necessary to build a strong case.
Are you a resident of San Mateo, Redwood City, or San Francisco who is seeking the assistance of a bankruptcy attorney? If so, call the Law Offices of Gary Brenner at (650) 348-2044 to arrange a free consultation with one of the area’s best bankruptcy lawyers!
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
