AZ Consumer Law Group: Recent Episodes
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In this article I’m going to share with you three options you have when you’re facing a debt collection lawsuit. If you’ve been sued by a debt collector and you recently just got the summons and the complaint and the process server showed up at your house, you’re probably feeling a lot of stress right […]
We are living in strange times. With the worldwide efforts to stop the spread of the Coronavirus / COVID-19, we are seeing most schools and large events being canceled. There are even discussions of shutting down all non-essential services throughout the United States. These actions may be necessary to deal with the virus, but there […]
You may feel like there is never enough money to pay all of your bills. Dave Ramsey often cites to the statistic that nearly 80% of Americans are living pay-check-to-pay-check. When money is tight, even a small amount of debt can put a lot of stress on a family. A question many people struggling debt […]
In this article, I am going to give you the inside scoop on how to successfully settle your debts for less than what you owe. When struggling with serious debt problems you really have three options: (1) pay them in full; (2) file bankruptcy; or (3) negotiate a settlement where you agree to pay less […]
Can a debt collector put a lien on your home? Worse yet, can a debt collector foreclose on your house? New Arizona Court Decision Recently, the Arizona Court of Appeals addressed these questions in Pac. W. Bank v. Castleton, No. 1 CA-CV 17-0667 (Ariz. Ct. App. Dec. 27, 2018). This court decision brought some […]
I have helped Arizona families deal with serious debt problems for nearly two decades. During that time the biggest hurdle for most families that desperately needed debt relief was how they could afford to pay the legal fees associated with filing for bankruptcy. In times past, when it came to filing a chapter 7 bankruptcy case […]
For years Arizona law as it relates to the statute of limitations on credit cards has been murky at best. Recently the Arizona Supreme Court provided a lot of clarity when it comes to calculating when the statute of limitations starts ticking on credit card debt. But before I get into what the Arizona Supreme […]
The Arizona legislature just sucker punched the Arizona consumer. Arizona is an extremely friendly place for debt collectors to do business – most of whom have their operations outside of the state of Arizona. Recently, the law in Arizona as it relates to civil judgments on credit card debt, medical bills, old car loans, etc. […]
Hey everybody, John Skiba here from the Arizona Consumer Law Group. I am also founder of the Consumer Warrior Project that provides resources to people that are facing serious debt problems. You can learn more about that by going over to the website ConsumerWarrior.com. On today’s video I wanted to talk about something that I […]
Arizona’s justice court system has a problem when it comes to mediation in debt buyer cases brought by junk debt buyers like Portfolio Recovery Associates, CACH, Cavalry SPV, and Midland Funding. Before I jump into the mediation problem faced by Arizona consumers it might be helpful to discuss what mediation is and how it works […]
When it comes to consumers being sued by debt collectors in Arizona the overwhelming majority of consumer represent themselves in court. In fact, studies show that less than 1% of consumers being sued by a debt collector actually hire an attorney. This makes sense because many times it doesn’t make financial sense to hire an […]
The bulk of debt collection lawsuits filed by junk debt buyers like Midland Funding, Cavalry SPV, Portfolio Recovery Associates, CACH (or any of the many other debt buyers) are for surprisingly little money. You might assume that the higher amount owed on the credit card the more likely the junk debt buyer is to file […]
Recently the New York Times ran an article on the possibility of private student loans that are held by the National Collegiate Student Loan Trusts being wiped out due to poor documentation. While the New York Times article is shining a light on this the problems with National Collegiate Student Loan Trust collection lawsuits is […]
Starting July 1, 2017 the three major credit reporting agencies – Equifax, Experian, and Transunion – will no longer report public records like judgments and tax liens unless it contains the consumer’s name, address, and either Social Security number or date of birth. No civil judgments in Arizona contain this information and to include it […]
Consumers from across the country have requested that I put together an information on course on the procedures and strategies to representing yourself in a debt collection trial. In light of this I am excited to announce the launching of a new course entitled “How to Prepare & Represent Yourself in a Debt Collection Trial.” […]
When it comes to finding a real solution to debt problems the amount of information on the internet and elsewhere can be really overwhelming. In my law practice I meet dozens of families each week who are struggling with debt collection, lawsuits, wage garnishment and even home foreclosure. To make matters more difficult most are […]
Salander Enterprises files a large number of debt collection lawsuits in Arizona. Salander Enterprises is a junk debt buyer that purchases old charged of debt – often medical debt – and then files lawsuits on in an attempt to collect the debt. Most Salander Enterprises Cases are Filed in Arizona Justice Courts The overwhelming majority […]
The driving force behind most personal bankruptcy cases is unsecured debt like credit cards, medical bills, personal loans, etc. Some express concern as to what will happen to their secured loans such as their mortgage or loan on their car in a bankruptcy case. The good news is that in most bankruptcy cases you can […]
The Arizona Court of Appeals recently dealt a blow to consumers when it issued a new decision on the statute of limitations as it applies to credit card debt. The statute of limitations is the time period a credit card company has to file a collection lawsuit after a consumer falls behind on payments. If […]
When it comes to IRS tax debt none of the typical debt collection rules apply. The IRS has power to take your money and lien your home without even filing a lawsuit. This is much different than the standard unsecured debt (i.e. credit cards, medical, etc.). Normally, when a debt goes unpaid if the creditor […]
Delinquent car loans are becoming a big problem in Arizona. There are several reasons why, however a big problem I see in my bankruptcy practice are subprime car loans that charge very high interest rates on used cars. The subprime car loan problems were recently highlighted by John Oliver with particular attention paid to the […]
The Social Security Administration states that there are currently nearly 9 million people receiving social security disability benefits with the average monthly being a little over $1,200 per month. I meet weekly with clients who are living on disability benefits, but as you might imagine it is very difficult to get buy on $1,200 per […]
Having worked with families struggling with debt problems for over 14 years I have had more than a few interactions with repo men (and women). And more often than not, these interaction’s don’t end well. It was just a few months ago I wrote about a repo man that engaged in a high speed chase […]
It is hard to believe that the holidays are upon us once again. And love it or hate it Black Friday and become a holiday tradition for many people where they stake out their claim for the great deals of the holiday season. While it can be easy to get caught up in the holiday […]
A common question I get from married couples who are facing debt problems is whether both need to file for bankruptcy or if it is permissible for one spouse to file the bankruptcy. Many couples would like to try and save one spouse’s credit score or it may be that the debt was something that […]
Two years ago Midland Funding sued a consumer here in Arizona and began what ended up being a two year court battle through both the Justice Court System and an appeal to the Maricopa County Superior Court. The end result was the court entering judgment in favor of the consumer and ordering Midland Funding to […]
In most chapter 7 bankruptcy cases the activity in the case is front loaded. What I mean by that is prior to filing the bankruptcy case there is a lot of activity around pulling all of the necessary information and documentation together to prepare the bankruptcy petition and schedules. Then there is the required credit […]
Periodically the United States Trustee’s Office updates the income limits used to determine whether or not you qualify for a chapter 7 bankruptcy filing. Overwhelmingly people that file for bankruptcy file under chapter 7 of the Bankruptcy Code. Chapter 7 has numerous advantages over chapter 13 bankruptcy filings. Below are a few of the advantages: […]
One of the issues that can cause problems in your chapter 7 bankruptcy is the transferring of assets prior to the filing of your bankruptcy case. When you file for bankruptcy you are required to disclose to the bankruptcy court if you have transferred any assets out of your name within the two years prior […]
Recently we here at the Arizona Consumer Law Group represented a consumer who had been sued by junk debt buyer Midland Funding. Midland Funding filed a lawsuit against a consumer in the Maricopa County Superior Court alleging that it purchased a Barclays Bank credit card and was now seeking over $22,000. The problem was when […]
After your bankruptcy case is filed with the Arizona bankruptcy court the clerk of the bankruptcy court will send out written notification of your bankruptcy to all of your creditors that were provided in the bankruptcy documents. This will not only let your creditors know that they can no longer continue to try and collect […]
National Collegiate Student Loan Trust files many lawsuits in Arizona each month. They are often filed in the superior court that deals with lawsuits where the amount in dispute is over $10,000. If you have been sued by National Collegiate Student Loan Trust your first thought is likely – who in the world are these guys? […]
Earlier this week the CEO of Wells Fargo retired in the wake of its recent fraudulent account scandal. It was recently disclosed that for years Wells Fargo employees were secretly opening bank accounts, issuing credit cards, and signing customers up for online banking – all without the customer’s consent. Wells Fargo then charged its customers […]
ITT Technical Institute announced on Tuesday, September 6, 2016 their plans to shut down all of their remaining campuses. The decision comes as the U.S. Education Department announced the previous week they would no longer allow new students to use federal financial aid to fund their education to attend ITT Tech. Considering federal financial aid […]
When it comes to dealing with debt there are really three options: (1) pay them in full, (2) settle the debt for an amount less than the full amount, or (3) file for bankruptcy. If you can’t pay your debts in full and the idea of bankruptcy makes your stomach turn, then debt settlement can […]
Bankruptcy is a powerful tool that can once and for all eliminate your debt problems. And while bankruptcy is a lot less painful than most imagine, there are certain pitfalls that can make the process a whole lot more complicated. In this post I am going to discuss 13 pitfalls of bankruptcy – most of […]
*Updated* Arizona Legislature Recently Amended this Statute – Doubling the Time from Five to Ten Years Over 95% of the cases filed by junk debt buyers like Midland Funding, CACH, LLC, and Portfolio Recovery Associates end in a default judgment. These debt collectors file thousands of debt collection lawsuits in Arizona each year so it […]
Midland Funding continues to flood Arizona courts with debt collection lawsuits filed against Arizona consumers. Last year I pulled the data in October 2015 as to the number of lawsuits filed by junk debt buyers like Midland Funding here in Maricopa County and the numbers were astounding – nearly 3,000 debt collection lawsuits filed in […]
Junk debt buyers like Midland Funding, Portfolio Recovery, Cavalry SPV, CACH, LLC, and Cortez Investment files thousands debt collection cases in Arizona courts every month. Most of these cases don’t end well. In fact, over 95% of debt collection lawsuits filed by junk debt buyers end in a default judgment – meaning that the consumer (i.e., […]
The overwhelming majority of families that are sued by debt collectors either don’t get proper notice or simply ignore it. This isn’t the first (or even second) time I have written about this. Every now and again – usually after I have met with several families that are now facing severe financial difficulty because they […]
In days past if a person couldn’t pay their bills debt collectors would send a few letters and make a few collection calls, but if payment wasn’t received within a certain time period the debt was often charged-off by the creditor and the consumer rarely heard from them again. But then everything changed. The rise […]
With all the regulations governing debt collectors the telephone is still the quickest (and most annoying) way for a debt collector to try and get in touch with you. Even though debt collectors are clearly aware that most people now have cell phones and can easily block calls or send calls to voicemail, that doesn’t […]
Today in my Facebook feed I was surprised to see John Oliver of “Last Week Tonight” do a segment on how debt buyers are hurting consumers across the country – and he even put the spotlight on Arizona as one of four states that are actually making it easier for junk debt buyers to operate […]
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that sets the rules for debt collectors can do and say while trying to collect on a debt. While the FDCPA is a federal law, it protects people from the abusive tactics of debt collectors. There are dozens of specific rules under the FDCPA […]
A recent car repossession in Utah turned deadly after a 35 year old mother of two attempted to flee from the repo man who in turn took chase after the woman. The Police report states that their vehicles reached speeds of 70 m.p.h. on a 35 m.p.h. road and that the repossession agent even bumped […]
Recently the Consumer Financial Protection Bureau (CFPB) 1)The Consumer Financial Protection Bureau is a federal agency that protections consumers from unfair, deceptive, or abusive practices and takes action against companies that break the law entered an order to stop a New Jersey debt collection law firm and the junk debt buyer from filing illegal debt collection […]
Have you been sued by Razor Capital? Even though Razor Capital is not an Arizona debt buyer they do file a large number of lawsuits in Arizona courts. Razor’s business model is to purchase old charged-off credit cards, auto loans, student loans, cell phones, utilities, and other types of debt. Like most junk debt buyers […]
Have you been sued by Cortez Investment Co., LLC? If you live in Arizona and have fallen behind on a Citibank credit card there is a good chance you could get sued by Cortez Investment Co. through their lawyers at the Hameroff Law Group out of Tucson, Arizona. You may not fully realize the connection […]
People don’t want to file for bankruptcy. Often the decision to file for bankruptcy only occurs after a point is reached where something financially painful is about to happen. Wage garnishment. Foreclosure. Debt collection lawsuits. All of these things make your financial difficulties become a lot more real and difficult. One of the most powerful […]
Every single day I meet with people in my law practice who come to me with a wage garnishment stemming from a judgment that, until now, they had no knowledge of. In order to garnish wages it is generally necessary to file a lawsuit against the person owing the money and obtain a judgment against […]
Did you have to stop paying your bills because you lost your job, got sick, go divorced? The court doesn’t care. Are you in debt because your business that you worked night and day at failed? The court simply does not care. It’s not that courts are made up of heartless judges who don’t understand […]
Even though Midland Funding is a debt collector, its business model really isn’t about calling you on the phone or sending you threatening letters – they sue people. And they do so in huge numbers. In 2008 Midland filed more than 450,000 debt collection lawsuits around the country. It is for this reason that I […]
Recently I had the privilege of arguing a debt collection case on behalf of a client against Midland Funding. The case was heard by the Arizona Court of Appeals and had to deal with one of the big issues when it comes to junk debt buyer cases – whether Midland Funding can admit documents created […]
In most consumer bankruptcy cases most of the heavy lifting when it comes to the work involved is done prior to the actual filing of your bankruptcy documents with the bankruptcy court. Now that everything is ready to it is time to plan out when you are going to file your case. This may seem […]
After a determination is made whether a chapter 7 bankruptcy or a chapter 13 bankruptcy would be better suited to solving your debt situation, it is time to get the ball rolling and start the process. You should be warned that bankruptcy – as with most things in the law – involves a lot of […]
Each and every year there are hundreds of thousands of lawsuits filed across the country by companies known as “junk debt buyers“. Despite the huge volume of lawsuits there are relatively few lawyers who handle these types of cases and even fewer who have taken the time to truly understand the issues surrounding these type […]
This weekend I finally gave in and started watching the series on Netflix “Making a Murderer”. If you were like me and haven’t started binge watching this documentary here is a brief synopsis – Steven Avery gets convicted of a sexual assault that he didn’t commit. He spends 18 years in prison before DNA evidence […]
Arizona has a default judgment problem. Every day I meet with families and individuals who have been notified that their wages are about to be garnished based upon a default judgment entered years ago that they didn’t even know existed, from a creditor whose name they don’t recognize. This is a huge problem that is […]
What is the Difference Between Chapter 7 Bankruptcy and Chapter 13 Bankruptcy? There are different types of bankruptcy designed to help different types of debt problems. Most consumers file either a chapter 7 or chapter 13 bankruptcy. In this article I will walk you through the differences between a chapter 7 and a chapter 13 […]
A Bankruptcy Guide Written Specifically for Arizona Families Bankruptcy is a big decision and one that most people want to avoid at nearly all costs. However bankruptcy is a powerful tool that can help you deal with your debt problem once and for all and in most cases the benefits overwhelming outweigh the negatives. I […]
I would guess that I meet with at least two people daily here in my Arizona consumer law practice who tell me that they know a process server has been coming by the house but they have been avoiding him and the lawsuit they know the process server is bringing with him. I even have […]
Recently I wrote about the Consumer Financial Protection Bureau (“CFPB”) sanctioning Midland Funding and its sister companies Midland Credit Management, Asset Acceptance, and parent company Encore Capital. After a thorough investigation of Midland Funding and the way it collects on debts the CFPB found that – Midland Funding relied on misleading, robo-signed court filings to […]
If you are a regular reader of my blog you know that I am a fan of Dave Ramsey and his approach to eliminating debt. This is kind of a strange thing for a bankruptcy lawyer (for some weird reason many bankruptcy attorneys are not on board with the Dave Ramsey approach). This past weekend […]
Over the past year I have seen junk debt buyers like Midland Funding and Portfolio Recovery Associates file debt collection lawsuits here in Arizona on accounts where the amount is relatively small – some for amounts less than $1,000. I have literally had clients come into my office who have been sued by Midland Funding […]
A few weeks back I reported how the Consumer Financial Protection Bureau (“CFPB”) had sanctioned both Midland Funding and Portfolio Recovery Associates for their illegal debt collection tactics when it came to junk debt buyer lawsuits. The fines were hefty and the requirements placed on them going forward were strict. Finally, I thought, consumers will […]
Almost daily I meet with families that have avoided filing for bankruptcy because they fear they will lose their home as part of the process. In this article I will discuss how you can know if your house will be put at risk by filing bankruptcy and discuss the different ways secured and unsecured debts […]
Finally! Today the Consumer Financial Protection Bureau (“CFPB”) took action against Midland Funding (and its parent company Encore Capital) and Portfolio Recovery Associates – the nation’s two largest junk debt buyers – for their illegal collection activities. The CFPB specifically found that Encore Capital and Portfolio Recovery Associates – Bought debts that they knew or […]
I have written previously on the bias that consumers face from courts and others when they challenge a creditor who is suing them on a debt. The source of this bias, in my opinion, is partially due to the trust that people put in large banks. For reasons that are unknown to me, there seems […]
Struggling with overwhelming debt problems is stressful – and a big source of that stress is the unending debt collection telephone calls. And now that we all have a cell phone with us pretty much 24 hours a day debt collection calls seep into nearly every moment of our lives. In fact, I have had […]
When a debt is legitimately owed I have found that most people simply want to negotiate a settlement with the creditor and get it behind them. And while creditors will usually agree to settle a debt, if a court case has already been filed they will often ask for you to sign a “stipulated judgment” […]
Recently I was attending a pretrial conference at one of the local justice courts here in Arizona in one of the cases I have against Midland Funding, LLC. This type of court hearing is quite short (less than 5 minutes) and nothing much really happens other than the setting of at trial date. However something […]
Student Loan Default Rates Arizona Completion Rates National Completion Rate Arizona Default Rate National Default Rate All Schools: 29% All Schools: 55% All Schools: 18% All Schools: 11% Public: 57% Public: 55% Public: 9% Public: 9% Private: 52% Private: 64% Private: 5% Private: 7% For-profit: 23% For-profit: 32% For-profit: 19% For-profit: 19% Congratulations Arizona, you […]
Recently, I have seen a flood of low-dollar debt collection lawsuits by junk debt buyers Midland Funding here in Arizona. Many times it doesn’t make sense to hire an attorney in cases where the amount in dispute is less than $1,000. However, without an attorney I find that many people lose their case once Midland […]
I am proud to announce the launch of the Consumer Warrior Forums. Every day I get emails, comments on my blog, phone calls, and meet with people in person who are desperate for help with their debt collection lawsuit but either can’t afford an attorney or it doesn’t make sense to hire an attorney because […]
Often here on my blog I will discuss some of the more technical legal arguments that can help you win your case against junk debt buyers. However, in a surprisingly high number of cases you end up winning simply for showing up and continuing to show up until the very end of your case. In […]
Here in Arizona it seems that school starts earlier each year. With the new school year right around the corner it is a good time for soon- to – be seniors and current college students to put some time into planning out how they are going to pay for their college education. Below are 5 […]
On July 8, 2015 the Consumer Financial Protection Bureau (CFPB) and 47 states took action against Chase Bank for illegal debt collection activities involving the sale of delinquent accounts to third-party junk debt buyers. After a thorough investigation the CFPB found that Chase Bank had done the following: Sold Bad Debts to Third-Party Debt Buyers: […]
Anytime a conversation turns to student loans many people begin to offer their opinions. These opinions vary from, on one hand, the internet trolls and their comments on any article dealing with student loans, telling people to just pay their debt obligations, to the starving student who is stating they simply are trying obtain education to […]
My new online debt defense video courses will be available this morning at 9:00 a.m. (pst). These courses are geared to helping people who are fighting debt collection lawsuits against junk debt buyers like Midland Funding, Cavalry SPV, Portfolio Recovery Associates, and CACH, LLC and representing themselves in court or debt settlement negotiations. While I […]
I am excited to launch a new service to consumers who are battling their debt problems without the assistance of an attorney. Tomorrow, Tuesday, July 14th, at 9:00 a.m. P.S.T. the online video courses will become available. Right now you will be able to access courses on the following topics: How to Draft an Answer […]
Every year over 400,000 debt collection lawsuits are filed by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and CACH, LLC. Worse yet, nearly 95% of these collection cases end in a default judgment – meaning that the consumer who was sued with the lawsuit failed to respond. I have met with […]
With the 4th of July weekend coming up, DUI task forces will be out. This got me thinking about the relationship between DUI and bankruptcy. I work in an office next to John Skiba and we’ve talked about how these practice areas overlap sometimes. As a dedicated DUI attorney in Mesa, Arizona, I deal with […]
It is hard to believe we are getting ready to head into the July 4th weekend! 2015 is almost half-way over and I have started to plan out the remainder of the year andit is crazy to think if you are thinking of filing bankruptcy and want to start the new year debt free then […]
For some filing for bankruptcy will not only bring a lot of much needed relief it is actually a smart financial step. Bankruptcy can clear away a lot of debt and truly provide a fresh start. However there are situations where filing for bankruptcy can be a very bad idea. In this article I will […]
Cavalry Portfolio Services is a junk debt buyer that files a lot of debt collection lawsuits here in Arizona. Often times they file the lawsuit under names such as Cavalry SPV. On March 30, 2015 the Arizona Department of Financial Institutions assessed a $175,000 fine against Cavalry after an investigation into Cavalry’s debt collection practices. […]
This past weekend I attended a workshop in Seattle that was set up for consumer protection lawyers like myself who help people fight back against junk debt buyers like Midland Funding, Cavalry SPV, CACH, LLC (too name a few). The presenter was Peter Holland, a consumer protection attorney in Maryland. In his opening remarks his […]
On May 29, 2015 Bank of America and its affiliate FIA Card Services, were fined $30 million by the Department of the Treasury through the Office of the Comptroller of the Currency (“OCC”) for engaging in “unsound, unsafe” and illegal behavior in connection with its collections litigation process. As someone who litigates FIA Card Services/Bank […]
When you owe debts that you cannot pay most will look to one of two options – debt settlement or bankruptcy. What many don’t realize is that in some circumstances there is the potential for additional tax liability even if you pay off most of your debt. This potential tax liability comes in the form […]
Today I attended the 2015 Bankruptcy Leadership Summit in Nashville, Tennessee at the Dave Ramsey headquarters. In his introductory remarks this morning Dave Ramsey discussed his own bankruptcy that he filed years ago to stop debt collectors from taking the furniture in his home after the banks called the loans on his real estate investments. He told […]
It has baffled me for years. Time and again I see courts give junk debt buyer Midland Funding the benefit of the doubt when it comes to the trustworthiness of their “evidence” and the testimony of their witnesses at trial – despite the fact that Midland often comes into court with partial documents and witnesses who […]
When faced with a difficult situation it is comforting to know your options. If you have been sued by one of the junk debt buyers like Midland Funding, CACH, LLC, or Portfolio Recovery you are likely loosing a lot of sleep over what your options are and what, if anything, you can do about it. […]
Settling debt is the process of negotiating with your creditors a payment less than the total amount owed. Often times people feel that as a person who is struggling to pay your bills that you are negotiating from a weaker position – after all you owe money and likely aren’t in a position to pay it. […]
Recently I watched the documentary “Inside Job” that discusses the build up and collapse of the financial system in 2008. It reminded me a lot of the debt collection system and how it tends to chew up consumers who aren’t aware of the rules of the game. Whether it is the insane interest rates charged […]
Like pesky mosquitos, I am seeing more and more debt collection lawsuits that are being filed by junk debt buyers where the total amount being sought is less than $1,000. And while a thousand bucks is a thousand bucks, in the realm of civil lawsuits it is an incredibly low amount for a debt buyer […]
Tax Day is on us once again. I think it is kind of funny that my calendar I use here at work actually has a preset “holiday” alert for Tax Day – probably some sort of government conspiracy. But if you are preparing your taxes today and realize that you didn’t keep quite enough out […]
For those who have fallen behind on their bills it is not surprise that their creditors begin calling to ask when they can expect payment. What does come as a shock is the despicable tactics many debt collector will use to try and separate you from your money. On today’s show I discuss how you […]
Over the last twelve years I have met with thousands of families who needed to file bankruptcy to deal with their serious debt problems. And for many bankruptcy is truly a needed tool in dealing with troubled finances. But what about after the bankruptcy is over? Do people go back to the hold habits that […]
Credit cards. Can’t live with them, can’t live without them. Or can you? Without question the number one debt problem for most of my bankruptcy clients is credit card debt – a lot of credit card debt. On a regular basis I help clients who are facing $30,000 – $100,000 in credit card debt! Wow! […]
It seems easy enough. You are in debt and want to get out. But surprisingly, when you decide to finally deal with your debt can make a big different on whether it is a short, efficient process, or whether it is a long drawn-out nightmare. In today’s episode of the Consumer Warrior Podcast I discuss […]
On today’s show I answer the following questions: Who is a good candidate for debt settlement? Does it matter how many creditors you have? Are there any good debt consolidation companies out there? What is the “S.L.O.” method to debt settlement? How much can I expect to pay as part of my debt settlement program? […]
Debt collectors will often ask you set up a payment plan for to pay a debt over time. And typically they going to want more than just a promise to make the payments, they want you to give them your bank account information and sometimes even ask you to write them post-dated checks. In this […]
In the world of bankruptcy lawyers Dave Ramsey is somewhat of a controversial figure. If you don’t know who Dave Ramsey is, he is an author and national radio talk show host who helps people get out of debt through his The Total Money Makeover: Classic Edition: A Proven Plan for Financial Fitness. Even though Dave […]
When it comes to banks, brand loyalty is a real thing. I am always somewhat surprised when meeting with clients who are preparing to file for bankruptcy and they express such remorse at filing bankruptcy on a certain credit card account because “they have always treated me so well”. They have treated you well because […]
Recently I met with a great woman who had been battling hard against junk debt buyer Midland Funding here in an Arizona court. Her preparation was more than adequate – she had a three-inch three-ring binder with all of her research, motions, and trial notes organized like she had been trying cases all her life. […]
So much of the stress associated with serious debt problems comes from the uncertainty of the whole process. Often creditors will not take any action for months and even years. This can even lull you into a false sense of security that you are finally through the rough spots of your debt disaster, when if […]
Almost without exception when I post an article dealing with debt collection or bankruptcy on the Facebook Page for the Consumer Warrior Project someone will leave a comment like “pay your bills, then you won’t have any problems!” or “life hack #1- pay your debts and you won’t have to deal with debt collectors.” If […]
One of the most misunderstood aspects of the debt collection process is knowing when a creditor can garnish your wages. Most families in the United States live paycheck to paycheck – meaning that an interruption in pay via a wage garnishment can create total chaos on your monthly budget and making ends meet. On today’s […]
Lately I have seen an pretty significant increase in the number of lawsuits filed by junk debt buyers like Midland Funding, Unifund, and CACH, LLC on old charged-off Bank of America credit cards here in the Phoenix area. When junk debt buyers place accounts to be sued on with local attorneys here in Arizona they […]
At times it can be difficult for people to even say the word “bankruptcy” let alone take a rational approach in determining whether or not it is a good option for their debt situation. If anything families wait far too long before making the decision to pull the trigger and file their bankruptcy case. It […]
T.M.I. – Too Much Information. People often put way too much unnecessary, and potentially harmful, information in their Answers. This is one of the biggest mistakes I see consumers make when they decide to draft their own Answer to a Debt Collection lawsuit. The Answer is a fairly straight forward document in a debt collection […]
Did you know that over 95% of debt collection lawsuits end in a default judgment? Default judgments can wreck all kinds of havoc. Once a creditor is armed with a default judgment the creditor can do things like garnish wages, levy bank accounts, and even lien property. With such a high default rate it is […]
It is the time of year when people are gearing up to get their taxes filed. Many will get a nice tax refund check and while what I am about to propose may be some of the least fun things you can do with a tax refund check, you might be surprised that you can […]
The job of a debt collector is to make you give them money. Debt collectors understand that if they can make you uncomfortable enough, whether it be through fear, embarrassment, or simply annoy unceasingly, that you will be more likely to cough up the dough. With that in mind debt collectors will often contact third-parties […]
This may sound a little hippy-dippy of me, but in this episode I discuss the necessary mindset to finally deal with your overwhelming debt problems. Many people who are facing serious debt issues like foreclosure, debt collection lawsuits, and bankruptcy have been dealing with debt problems for years – sometimes decades. And while dealing with […]
In 2012 I launched the Consumer Warrior Podcast with the hope of being able to provide information and hope to people who are facing very difficult debt problems. Nearly two-and-half years later I have only released seventeen episodes and have been anything but consistent. Although, those seventeen episodes have been downloaded an astonishing 10,000 times! […]
It is almost as if they are watching you. Debt collectors seem to appear out of nowhere anytime something positive happens. While you may believe you are just unlucky and that you can’t seem to shake that grey cloud hanging over your head – the truth of matter is, it is not a coincidence that […]
Recently I spoke with a client who came really close to pulling out his wallet and sending thousands of dollars to a debt collector who had threatened and intimidated him and his family. You may be thinking – “how stupid – I would never do such a thing”. But when faced with a debt collector […]
The phone rings…long pause…click…then automated voice comes on to give you a message. Whether it is a telemarketer, a debt collector, or who knows what, we have likely experienced being robo-called by a computerized system. What many people aren’t aware of is there are laws that regulate and in many cases outright prohibit certain types […]
A favorite tactic of debt collectors is to call the family and friends of the person they are trying to collect money from. And it makes sense…do you want your in-laws…your brother….your best friend…all knowing that you are going through financial difficulty? Of course not. And most of us would beg, borrow, and steal to […]
If you are the target of a debt collector it can often feel like the wild wild west where anything goes. Debt collectors know that if they can make you feel the heat that you will be much more likely to pay up. Debt collectors will implement tactics like calling your family members, calling your […]
Debt collection phone calls…this is one of the top reasons people file for bankruptcy – so that they can avoid having to deal with debt collectors and all the garbage that goes with it. The thing is, you shouldn’t have to file for bankruptcy to get debt collectors to simply follow the law. Just […]
If you have been sued by one of the big debt buyers like Midland Funding, Portfolio Recovery Associates, or Cavalry SPV the one thing you want to avoid is a default judgment. A default judgment will be entered against you if you fail to file a written response, known as an “Answer”, to the complaint […]
Portfolio Recovery Associates (“PRA”) is a debt buying company that purchases old, charged-off debts and then tries to collect on them, often by filing debt collection lawsuits. Portfolio Recovery Associates is one of the largest consumer debt buyers in the United States. Last year Portfolio Recovery Associates agreed to settle allegations in the state of […]
The law in Arizona as it applies to cases brought by junk debt buyers like Portfolio Recovery Associates is somewhat in flux. This has resulted in rulings from the various courts that can be all over the place. Often the end result of your case will largely be influenced by the judge you get assigned […]
If you are dealing with past due debts you no-doubt understand the confusion of what company is trying to collect what debt on behalf of who? (If that makes sense?). Well before a debt ends up in the hands of a junk debt buyer like Portfolio Recovery or Midland Funding it passes through a series […]
The Fair Debt Collection Practices Act (FDCPA) is a federal law the governs debt collection. Essentially it says what a debt collector can and can’t do in trying to get people to pay them. But many are surprised to learn that not all creditors are subject to the regulations of the FDCPA. In this article […]
People want to pay their debts. That is why when a junk debt buyer like Midland Funding, CACH, LLC, Cavalry SPV, or Portfolio Recovery comes along and threatens to file a lawsuit over a junk debt it allegedly purchased, many people will agree to the settlement offer proposed by the junk debt buyer. This is […]
Each year on New Year’s Eve I like to take a look back at the articles I published and which ones helped the most people. During 2014 over 85,000 people from 146 countries read the articles on my blog! It always amazes the articles I write sitting in my office or at home on the […]
The first sign that you have fallen behind on your bills is the non-stop debt collection calls. These calls are not only stressful but can cause problems with your family, your job, and even your health. Many believe that there is nothing that can be done about the endless collection calls – that it is […]
I dedicate almost all of my work week to fighting junk debt buyers like Portfolio Recovery Associates, Midland Funding, LLC, and Cavalry SPV I, LLC. My extensive experience in handling these types of cases has put me in the unique position of breaking down the factors that can make or break your case. In this […]
Finding a lawyer to represent you in your debt collection lawsuit against junk debt buyers like Midland Funding, Portfolio Recovery, CACH, LLC (or any other junk debt buyer) can be a difficult task. There aren’t a lot of lawyers like myself that focus on representing people in consumer debt collection cases. In this article I […]
The reality of it is, as much as we try to avoid it, there is a lot of pressure during the Christmas season, particularly on parents, to buy their kids their Christmas wishes – even if it means charging up the credit card more than was planned. This could mean months or even years of […]
Just who you were hoping would finally wish you a Merry Christmas…your lawyer! I do want to take this opportunity to wish all of my clients and those who read my blog Happy Holidays and Merry Christmas. I truly hope that the New Year brings you happiness and that you are able to finally beat […]
Over the years I have battled a lot of different junk debt buyers here in Arizona and while the underlying business model is generally the same between them all (they buy charged off debts and sue people), there are some characteristics that are unique to each debt buyer that can impact the way your case […]
Recently ABC News did a report on a debt collector that violated federal law and ended up getting sued by a woman he was trying to collect against. The court awarded her $33,000 for violations of the Fair Debt Collection Practices Act (FDCPA). Many people that fall behind on their bills believe that taking abuse […]
People want to pay their debts. If there is one thing I have learned over the last 11 years of practicing law is that people generally want to pay the debts that they have incurred. People usually hire me when they simply can’t. And in almost every bankruptcy consultation I do clients ask me to […]
Recently I had oral argument on a Motion for Summary Judgment in a debt buyer lawsuit. During my presentation I was arguing that there was no evidence that my client owed any money to the debt buyer, CACH, LLC. The judge in the case interjected – “But you admit they owe someone, right?”. That comment […]
When junk debt buyers like Midland Funding file a lawsuit they often don’t have the evidence and documents they need to prove that you had a contract with the original creditor. Because of this they will often not only sue you on a breach of contract claim but may sue you for what is known […]
We are a month away from the new year, but now is the time to start putting together your game plan to get out of debt in 2015. Debt is often accumulated over several years (and sometimes decades) and it will take some careful planning and affirmative steps on your part to get a handle […]
When it comes to fighting back against debt collectors like Midland Funding, Portfolio Recovery, or CACH, LLC (to name just a few) there are a lot of ” – tions ” . You have “litigation”, “arbitration” , and “mediation” . Sometimes it is difficult to keep them all straight. In this article I want to […]
I almost have my car paid off and last night I called into the bank to get some information on the payoff. I went through the normal hoops of providing them with account information and the last four digits of my social security number but the bank didn’t stop there. I was then asked for […]
With increasing regularity I am seeing clients who initially are sued by a junk debt buyer like Midland Funding, Portfolio Recovery, or CACH, LLC turn the tables on the debt buyer and file a claim for violations of the Fair Debt Collection Practices Act (FDCPA). Debt buyers have two things working against them: first, they […]
Over the years the most read articles on my blog have to do with drafting an Answer to a junk Debt Buyer’s lawsuit and avoiding a default judgment. I just wrote an article recently where I discussed my research in Arizona last month nearly 3,000 junk debt buyer lawsuits were filed by companies like Midland […]
If you have been sued by a junk debt buyer like Midland Funding, CACH, LLC, or Cavalry SPV it can feel like you are the only one dealing with such stressful problems. But the reality is you are far from being alone when it comes to dealing with junk debt buyer lawsuits. I pulled the […]
This question is more tricky than it might first seem. I meet with a lot of people who have been sued by one of the big debt buyers (i.e. Midland Funding, Portfolio Recovery, Unifund, CACH, LLC, etc.) who think that they are going to win their debt collection case easily because the statute of limitations […]
A while back I wrote a small e-book that went over the top ten myths I heard repeated over and over by clients coming into my office. As I continue to hear these concerns voiced by clients I thought it would be worth going over them again. Myth #1 – If a Creditor “Charges-Off” a […]
A few years back four consumer advocacy groups did a study on debt buyers’ abusive collection lawsuits in New York City. The findings were pretty shocking. Here is a handful of what they found: 35% of debt buyer lawsuits were clearly merit-less Debt buyers prevailed in 94.3% of debt collection lawsuits, usually by obtaining default […]
After more than a decade in helping consumers with their debt problems I shouldn’t be surprised when I hear of some of the outrageous things debt collectors do. One would think that with all of the regulations out there and attorneys like me who make sure that debt collectors are following the Fair Debt Collection […]
Filing for bankruptcy is a legal process and while you will likely not have a lot of interaction with the bankruptcy court during your case there are certain court hearings that you must attend and a few others, depending on the circumstances of your case. The court hearings I am going to go over are […]
This week I launched a new video course that I created specifically designed to provide helpful information people who are being sued by debt collectors like Midland Funding, Portfolio Recovery, Unifund, Cortez Investment, CACH, LLC and many others. While I produce a lot of videos on my website this course is somewhat different. This course […]
The other day I met with a family who was barely getting by – large family, large amount of debt, and underemployed for eighteen (18) months. For eighteen (18) months the husband had toiled at a job he was overqualified for, for pay that no-where near met their household needs. But this is 2014, why […]
Imagine losing a full quarter of your paycheck. Terrifying, right? That is what happens when wages are garnished in Arizona. After meeting with thousands of families over the last eleven years I have come to realize that there are a lot more of us living paycheck-to-paycheck than one would think. And if you are barely […]
I believe many people don’t fight back against debt buyers like Midland Funding, LLC because they believe that they owe the money so why fight it? In this article I want to give you three reasons why you should fight back against Midland Funding even if you believe you owe on the debt. #1 – […]
While it is not a requirement, most people who need to file bankruptcy are struggling with their current financial situation. However, it is not necessarily true that the more broke you are the more you need bankruptcy. In fact, some families I meet with who are in the most dire financial situations don’t need bankruptcy […]
Cost is always one of the main concerns when it comes to deciding whether or not you will fight your debt collection lawsuit with Unifund (or Portfolio Recovery Associates, or CACH, LLC, or Cavalry SPV). Most people being sued by a debt collector are tight on cash as it is and the last thing they […]
When you file for bankruptcy in Arizona you are only allowed to have a limited amount of cash on hand on the day that your bankruptcy case is filed. Before I go any further it is important to understand that the laws I am about describe are only applicable in Arizona. These laws are known […]
“A gamut of players including publicly traded companies, hedge fund operators, professional debt collectors, street hustlers, ex-cons, and lawyers all work together, and against one another, to recoup every penny on every dollar. In this often-lawless market place, large portfolios of debt – usually in the form of spreadsheets holding debtor names, contact information, and […]
I recently had a trial against Midland Funding. It was your typical Midland Funding junk debt buyer trial – long on assumptions, short on admissible evidence. This particular case was particularly bad as to the complete lack of evidence. The alleged debt had switched hands at least four times and not a single bill of […]
Long before debt buyers like Midland Funding file a lawsuit they start the whole debt collection process by showing up on your credit report. Soon after you will receive a letter or two entitled the “Pre-Legal Notification” from a company known as Midland Credit Management. Midland Credit Management is the servicing company for Midland Funding […]
Here on my blog I have written nearly 350 articles on debt, bankruptcy, and debt collection lawsuits, but day in and day out the number one thing people read out of all of my articles are those on wage garnishment. Wage garnishment is a little different in each state and this article will focus on […]
When the decision is finally made to file for bankruptcy usually it has been a long time coming. Rare is the bankruptcy case that needs to be filed on an emergency basis. For most there is sufficient time to gather all the needed documents and wrap up lose ends before taking the plunge and filing […]
Most of the Midland Funding lawsuits I defend on behalf of my clients end up in trial. It is my experience that Midland Funding often doesn’t give decent settlements offers prior to trial and the odds of winning your lawsuit are high enough that I am of the opinion that trial is often worth the […]
Judges are people too. And often, particularly in the Arizona Justice Court System, the judge assigned to your case can greatly impact the outcome of your debt collection lawsuit. Judges each come to the bench with their own experiences and biases, and though I don’t question that each judge approaches each case with every intent […]
I fully understand that in many debt collection lawsuits it doesn’t make a lot of sense for people to hire a lawyer. If you are being sued by a debt buyer like Midland Funding for $1,000 it doesn’t make a lot of sense to hire a lawyer to represent you when it is likely the […]
This year I have put additional time and effort into creating a video series that would help consumers deal with debt problems ranging from debt collection lawsuits, debt buyer litigation, debt settlement, abusive collection cases (FDCPA), and bankruptcy. The videos are not long – most under 3 minutes – but I am trying to give […]
A common tactic used by debt collectors is to contact your friends, family or to call you at work. The debt collectors fully understand that this humiliates you and puts you in fear of losing your job. And because you want to avoid these things they hope you will call them back and send them […]
Despite popular belief that Americans are a litigious bunch always looking for a good lawsuit, I haven’t experienced this in my law practice in Arizona. Particularly when it comes to Fair Debt Collection Practices Act (FDCPA) violations by abusive debt collectors. Often the families I meet with have endured a tremendous amount of abuse and […]
The other day I had a trial against a junk debt buyer that ended in a directed verdict in favor of my client. This means that the court found that the junk debt buyer had put forth so little evidence that it was unnecessary for me to put on any type of defense – the […]
Whether you are facing past due credit cards, medical bills, or are dealing with a debt collection lawsuit, debt settlement maybe a viable option for eliminating your debt problems. However, debt settlement doesn’t work in all cases. With that in mind I have put together four keys that I have observed over the years that lead […]
In the world of junk debt buying all debt buyers are not created equal. The big guys like Midland Funding, Portfolio Recovery Associates, and Cavalry SPV file hundreds of thousands of debt collection lawsuits per year. However, there are much smaller companies that also file debt collection lawsuits in large numbers and you may find […]
Over the years I have helped a lot of families that I personally know with their bankruptcy case. I have always appreciated that friends and family would feel comfortable coming to me to discuss their personal financial situation and assist them through the bankruptcy process – I am not sure I would be that brave. […]
This week’s webinar at the Consumer Warrior Institute is entitled “Bankruptcy Basics: Pros & Cons of Filing Bankruptcy“. Just the thought of filing bankruptcy scares a lot of people away from filing – even though it could dramatically improve their financial situation. Likewise, some people believe that bankruptcy will solve all their debt problems when […]
If you have read much at all on my bankruptcy blog you will no doubt be familiar with my mantra – “no one wants to file for bankruptcy”. And while I believe that to be true, some people find themselves in a situation where they have filed multiple bankruptcies in a very short period of […]
I am excited to announce the start of my new weekly webinar series on consumer debt issues. Starting next week on Wednesday, September 3rd, 2014 I will be conducting a webinar on dealing with debt buyer collection lawsuits, particularly those lawsuits filed by debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and CACH, […]
I do a lot of trials in debt collection cases against debt buyers such as Midland Funding, Encore Capital, Portfolio Recovery, and Calvary SPV. A common tactic of these debt buying companies at trial is to bring up the issue that the defendant (you) never objected to the balance that they are claiming is owed, […]
Too often I meet with people that have either ignored the fact that have been sued by one of their creditors or even more troubling- aren’t even aware that there is lawsuit is pending against them. Either way the end result is usually a default judgment. And that is just the beginning of the pain…however […]
Unifund CCR is one of the larger debt buying companies out there and they file a lot of lawsuits against consumers in Arizona. Debt buyers like Unifund claim that they have purchased old charged off debts and then file debt collection lawsuits to try and recover money from you. Often when people are sued by […]
For more than a decade I have been meeting families who are dealing with overwhelming debt problems. The number one thing I have found that helps to reduce the stress of debt is understanding what your options are and what your creditors can and can’t do to you. With this in mind I have excited […]
Over the years I have noticed that I revisit the topic of whether or not you should avoid the process server in your debt collection lawsuit. It is usually spurred on by a person I meet with in a consultation who had a default judgment against them because they tried to avoid getting served. Default […]
Getting sued – no matter how large or small the amount being sued for – can be a very stressful situation. Surprisingly, some debt buyers like Midland Funding and Portfolio Recovery Associates will file lawsuits to recover amounts as low as $1,000. I have even seen a handful of cases where the amount sought is […]
I don’t ever sugar coat the realities of a chapter 13 bankruptcy. When you sign up for a chapter 13 you are in it for the long haul. Most chapter 13 bankruptcies I deal with last 60 months. Some are as low as 36 months, but most are 60. The idea behind a chapter 13 […]
Getting served with a lawsuit can ruin anyone’s day. First, the way the law requires that you get notice of the lawsuit is very intrusive. A process server must come to your home, unannounced, and give you the summons and complaint. You stand there looking at documents with names like Midland Funding, CACH, LLC, Unifund, […]
Even though I think most debt collection lawsuits brought by junk debt buyers are just that – junk, there are many factors that can lead to judgment being entered against you and in favor of the debt buyer. After the initial sting of losing in court is over you need to decide what should be […]
Sometimes when I meet with families to discuss filing for bankruptcy the tone of the meeting turns from a legal consultation to something more akin to a confessional. I will sit and listen while fathers and mothers pour their heart out as to why they are in their current situation and how terrible they feel about […]
Many people who find themselves being sued by a debt collector forgo hiring a lawyer and represent themselves in court. I understand for many people this is a necessity. As a lawyer I can’t work for free (my wife and kids would likely object :)), but most don’t have a lot of extra money laying […]
I recently had a trial against a junk debt buyer that had an interesting twist that I thought could be helpful to those facing debt collection lawsuits from debt buyers like Midland Funding, Unifund, Portfolio Recovery, or one of the other many companies out there. In evaluating a case for trial I always take time […]
Most of the people I meet with who are facing a debt collection lawsuit have (1) never been sued before, and (2) never even hired a lawyer previously. And I think it is fair to say that is a good thing. But in working with a lawyer there are things you can do as the […]
I handle a lot of debt collection lawsuits where the party suing is not the original creditor. Debt buyers – companies that purchase large pools of charged off debt – often file a lawsuit soon after they allegedly acquire the accounts. Recently here in Arizona I have noticed a relatively new player in the debt […]
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that prohibits debt collectors from treating the people who they are attempting to collect from unfairly or with disrespect. Common violations of the FDCPA include verbal abuse and harassment, failing to provide notice that they are a debt collector, contacting third parties such as […]
Midland Funding Lawsuits always seem to come at the worst possible time (is there ever really a “good” time to be sued?). Midland Funding often seems to file the debt collection lawsuit right before the statue of limitations expires – right as you are feeling you are just about to break free of the debt cycle […]
The #1 thing married couples fight about is money. In fact, in a recent study conducted by Money Magazine, 70% of married couples argue about finances – more than household chores, togetherness, sex, snoring, and what’s for dinner. And this makes sense. Money is the lifeblood of the household. I joke with my wife that […]
Here in Phoenix, Arizona we are spread out quite a bit. I live in the far east valley and drive about 40 miles into work each day. Needless to say Arizonans need a vehicle to get to work and shuttle their family around. A big concern of many people filing for bankruptcy is whether or […]
Being sued by a debt collector like Midland Funding can be the tipping point that leads many families to file for bankruptcy. But is it the best option in your situation? Bankruptcy will stop the debt collection lawsuit with Midland but it comes at a price. In this post I would like to take you […]
Financial difficulties can be all encompassing. The stress associated with not being able to pay your bills touches on everything from being able to pay for your kid’s schools lunch to wondering if your car is going to get repossessed – making it impossible for you to get to work. And then the calls start. […]
Pressure. Debt collectors want you to feel the pressure. And nothing is going to put pressure on you to pay the debt collector money like them calling your job and discussing your personal financial information with others. Calls to your place of employment are not only embarrassing but may be putting your job at risk. […]
If you are being sued by Midland Funding you have no doubt met Midland Funding’s evil twin – Midland Credit Management, Inc. Most people simply refer jointly to these companies as “Midland” and press forward trying to figure out a way to make the debt collection lawsuit go away. But understanding the difference between Midland […]
I have found that many people who are going through a financial crisis just accept the punishment inflicted upon them by abusive debt collectors. It is almost as if they believe that abusive debt collection is the price to pay for being unable to pay all of their bills. This plays into the psychology of […]
Day in and day out for nearly 11 years I have met with families who are going through financial difficulties. Something that may be surprising, and a little disconcerting, is that there isn’t a certain “type” of person or certain career paths that lead to financial hardship. I have consistently met with people who are […]
Social media can unravel your FDCPA claim or deep six possible defenses in your debt collection lawsuit faster than you say Facebook. It is easy to get a false sense of privacy when we are chatting away with family and friends in social media. But social media can be used for more sinister purposes as […]
Will you win? Anyone who has been sued by Midland Funding is faced with this question when deciding what they should do. Do you fight it – push the case to trial and hope to get a judgment in your favor? Or do you try and settle and throw some money at the problem and […]
What if you lose? When it comes to debt collection lawsuits there are no guarantees. While cases filed by junk debt buyers are often similar in the underlying facts, there are several procedural and evidentiary issues that can arise that can have a significant impact on your case – and even result in a judgment […]
A little known fact is that in Arizona very few debt collection cases make it to trial. Most debt collection lawsuits either end up with a default judgment because the person being sued didn’t file an Answer with the court, or the cases settle – meaning that the defendant (this means you) agrees to pay […]
The other day a client hired me to help them in fighting debt buyer Midland Funding. I drafted the Answer – the document that is submitted in response to the Complaint filed by Midland. I was reviewing it with the client and he responded that he was somewhat disappointed by my work on the Answer […]
Recently I had a conversation with an attorney who represents Midland Funding, LLC here in Arizona. He said that about 95% of Midland Funding cases are filed in the Arizona Justice Courts. In Arizona, debt collection cases where the amount being sued on is less than $10,000 are filed in the Justice Court while cases […]
All legal documents…….Perfect? Wow! This person could have gone with “documents prepared right!” or “documents prepared to high standards!” But they went with “perfect”. That is setting the bar pretty high!. Today when I was leaving court from my latest debt collection trial I saw this sign hanging on a fence near the courthouse. Many […]
One of the stars of “Real Housewives of New Jersey”, Teresa Giudice, and her husband Joe, recently plead guilty to concealing assets in their bankruptcy case and now face up to 46 months in jail. So what can we learn from a “real housewife”? Don’t try and hide assets in your bankruptcy case. You Must […]
From the day you are served with the debt collector’s Summons and Complaint you find yourself thrust into the Arizona civil judicial system. If the debt collector who has sued you is one of the large debt buyers like Midland Funding or Portfolio Recovery it is likely that you are now in Arizona’s justice court […]
Should you represent yourself in your debt collection lawsuit with Midland Funding, LLC? Many people who get sued by a debt collector often take up the battle alone – spending late nights scouring the internet hoping to find information that will help them win their case. But before you decide to take on this battle […]
Recently I read an article that said nearly 98% of debt collection lawsuits ended up in a default judgment. A default judgment is entered with the person getting sued doesn’t respond to the lawsuit. Most people don’t respond for one of a handful of reasons. A big reason is that they don’t actually get served […]
Last night my wife and I attended an event held by a local high school where the guest speaker was Dr. Larry Arnn, the president of Hillsdale College. He gave a great speech on the benefits of a liberal arts education and by the end of the evening I was totally sold on the great […]
Over the years I have met with literally thousand of families who are going through one form of debt crisis or another. The pain is real that these people are going through. And most are incredibly embarrassed to even be meeting with me. Most go to great lengths to tell me how this isn’t how […]
Chapter 13 bankruptcy requires that you make a monthly payment to your creditors over a three to five year period. Before we even file your chapter 13 bankruptcy case with the court I will work with you to put together your chapter 13 plan. In this plan you will be required to make a monthly […]
Are your student loans in default? If so you aren’t alone. Default rates on student loans are at their highest rate in decades. Once a student loan is considered in default you run the risk of wage garnishment, lawsuits, and loss of tax refunds. Further, if you need to lower your monthly payment the programs […]
Recently I had a trial where a debt buyer had sued one of my clients. When debt buyers like Midland Funding, Portfolio Recovery, and CACH, LLC file lawsuits they often struggle to prove their case due to their lack of evidence. Likewise it is extremely rare that the debt buyer has a witness from the […]
You file bankruptcy to eliminate your debt. However the “fresh start” promise of bankruptcy is often not fully realized due to the fact that student loan debt is usually not eliminated in bankruptcy. Bankruptcy will allow you to get rid of the credit card bills, medical debt, and other unsecured debts, but the student loan […]
I recently met with a family who had been served with a debt collection lawsuit by CACH, LLC. They were low on money and decided that they would attempt to handle the case themselves. Their thinking was if they could only get the case in front of the judge that they could easily explain why […]
When you carry a large debt load you find yourself caught between two worlds; the present where you are trying to pay your rent, car payments, utilities, medical insurance – and the past, where you are trying to pay for past expenses and past financial mistakes. You only have one job, one source of income, […]
The amount of student loans incurred by Arizona residents continues to climb. In fact that total amount of student loan debt is now over $1 trillion dollars nationally. Many people find themselves in a situation where they can’t pay both their student loans and their basic living expenses, so when it comes down to paying […]
Many Arizona teachers are unaware of federal programs that can eliminate up to $17,500 of their student loans simply by going to work each day. Teachers that have federal student loans under the FFEL Program or the Direct Loan Program can have their student loans forgiven up to $17,500. Here are the requirements to have […]
Recent statistics show that there is more than $1 trillion dollars in student loan debt outstanding. A trillion! If you went to any type of training/college it is likely that you have student loans. Problem is many of the jobs that people are able to get with their schooling doesn’t provide enough pay to support […]
Let’s face it. No one wants to file for bankruptcy. Even though many times bankruptcy is the solution we need, we put it off until one day we get hit with a wage garnishment, a debt collection lawsuit, a bank levy, or even foreclosure. Once a creditor takes things up a notch by trying to […]
For a long time I have been writing articles on debt buyers Midland Funding, Portfolio Recovery Associates, Calvary SPV, and others and I have decided it is time to cover these topics in a series of videos that will discuss everything from knowing if you have really been served, the differences between Justice Court and […]
Happy New Year! When this time of year rolls around I always tend look back on the prior year and ask myself if things are any different now than they were a year ago. Did I meet my goals? Have I improved my and my family’s situation? As with many of us I find that […]
After the shock of getting sued by Midland Funding has worn off a bit you naturally start thinking of how you are going to deal with this sudden intrusion into your life. Really there are only three options: you can fight the case and make Midland Funding prove their case at trial; you can settle […]
Midland Funding files a lot lawsuits here in Arizona. And many people I meet with make the decision to go it alone and represent themselves in their lawsuit. However one step in the collection lawsuit that makes people nervous is when the court schedules a pre-trial conference. In every Midland Funding case there will be […]
Talk about the gift that keeps on giving the whole year through! I am up visiting family in Utah for the Thanksgiving holiday and noticed this sign on a local credit union. It got me to thinking about trends I notice when I review the debts of my bankruptcy clients. Rarely have my bankruptcy clients […]
That fact that you are reading this blog means that you likely were recently served with a Portfolio Recovery debt collection lawsuit. Lawsuits are no fun, and you no doubt have been in some varying state of panic since the process server dropped off the Summons and Complaint. This is an important time in your […]
When one thinks of trials images of Perry Mason or Atticus Finch may come to mind. But when it comes to debt collection law suits things are a little less grand. In Arizona most debt collection (particularly Debt Buyer cases) cases are heard in one the Arizona Justice courts. I wanted to give you a […]
I don’t know how much more I can take. Day in and day out I meet with people that have been sued by Midland Funding, Equable Ascent, LVNV, LLC, Portfolio Recovery – and a long list of the other debt buyers. And many – too many – of the people I meet with are deciding […]
Starting on November 15, 2013 there will be updated means test numbers here in Arizona for chapter 7 bankruptcy filers. What does this mean? Let me back up and start with what the “means test” is. Back in 2005 Congress, in its infinite wisdom, decided that they wanted more people to file chapter 13 bankruptcy […]
Most people that get sued by a debt buyer like Midland Funding or Portfolio Recovery usually represent themselves in court. I understand why people do this – money (or the lack thereof). But far too often I run into people who represent themselves in their debt collection case, proceed to lose their case, and then […]
Most debt collection lawsuits end with the court entering a default judgment. Default judgments are entered when you get sued and either don’t know about it or simply ignore it. Some surveys show that when it comes to collection cases by debt buyers like Midland Funding the number of default judgments is over 90%! If […]
Many have heard of arbitration but aren’t quite sure what it is. In Arizona, we have a unique procedure in debt collection lawsuits that requires the parties to the lawsuit to attend what is known as “compulsory arbitration” if the amount that is being sued for is less than $50,000 and the case is filed […]
If you have been sued by CACH, LLC, or one of the other debt buyers, you have probably felt a lot of different emotions – with fear of the unknown likely rising to the top! However, understanding the process you are going through can bring you a lot of peace. Simply knowing what to expect […]
Often when I meet with clients who are dealing with Midland Funding debt collection lawsuit I can see the worry and exhaustion in their eyes. Many times here in Arizona people who get sued by Midland will try and represent themselves. Quickly they find out there is a reason that practicing law is a full […]
You’re considering bankruptcy likely because of the benefits you perceive bankruptcy providing to you and your family. You may also be avoiding or delaying your bankruptcy for the perceived negative impact it is going to have on your life. Good and bad – there will be consequences for filing bankruptcy. Here are 3 ways your […]
Before being sued by Midland Funding most don’t have a clue who this company is or why they being served with a lawsuit. Midland Funding is a debt buyer. Companies like Midland Funding, Portfolio Recovery Associates, CACH, LLC, and Cavalry SPV, purchase old charged off debts for pennies on the dollar and then sue on […]
Several years ago I was driving my family from Arizona to Utah to be with family for the holidays. This is about an eleven (11) hour drive (and with six kids it is awesome!). While stopped for gas I found a copy of Dave Ramsey’s Total Money Makeover and bought it and my wife read […]
Just yesterday the Arizona Bankruptcy court released a video presented by retired bankruptcy Judge Charles Case. Judge Case talks briefly about the implications of filing bankruptcy without an attorney. He states that here in Arizona 25% of bankruptcy cases filed by people without a bankruptcy lawyer are dismissed. A dismissed case means that not only […]
No one wants to file for bankruptcy. And despite what some may think, bankruptcy is almost always a last resort for people. Truth be known most people that file bankruptcy should have filed years before they actually did – often to their detriment. People want to pay their bills, but sometimes, they just can’t. Recently […]
Getting sick can be very expensive. Many of the bankruptcy cases I file here in Arizona have a large amount of medical bills. And things don’t look to be getting any better. I just renewed my health insurance for my family and not only did my monthly premium go up but by deductible is still […]
Wage garnishment is never a good thing. But garnishments seem to always hit at the worst possible time. Your thoughts race – “how am I going to pay my bills? How am I going to buy groceries?” In Arizona creditors can garnish a full 25% of each paycheck. If you are living payday to payday […]
I am a lawyer in Arizona that represents people against Midland Funding, LLC in lawsuits. So this blog post may appear somewhat self serving. A lot of people who get sued by Midland Funding, LLC go to battle alone without the help of a lawyer. This is understandable. In many Midland Funding cases the amount […]
Friday the 13th, 2013 is a good day in bankruptcy for people in Arizona. This is the day that the new and improved exemption laws go into effect. Why should you care? If you are needing to file bankruptcy and live in the state of Arizona this means you will be able to keep more […]
A fair amount of my law practice is devoted to helping people in Arizona who have been sued by Midland Funding. With that being said, I clearly have a bias when it comes to answering the question of whether or not you should hire a lawyer rather than fight Midland Funding on your own. I […]
Most people I meet with to discuss bankruptcy want to file a chapter 7 bankruptcy. They may not know exactly what a chapter 7 is, but they want their debt to go away and go away and quickly as possible. Chapter 7 bankruptcy is pretty good at doing this. However, before take the plunge and […]
You’ve seen the ads. Bankruptcy for a mere $200 bucks! Sounds like a good deal. You pay $200 dollars and make thousands (or even tens of thousands) of debt go away. So why would you pay seven-times that amount (or more) to hire a bankruptcy attorney? Here are three reasons why the $200 bankruptcy is […]
Often when clients come in for a bankruptcy consultation they will tell me their situation and ask whether bankruptcy would be appropriate in their case. The answer to this question varies from person to person. However, there are common factors among most of my bankruptcy cases that I believe can help give you some guidance […]
When it comes to Midland Funding lawsuits I am usually a big advocate of taking them head on and making them prove their case. But are there times when you should settle? First lets discuss what it means to settle. Settling a debt collection lawsuit means that you offer to pay Midland Funding some amount […]
Portfolio Recovery files a lot of debt collection lawsuits here in Arizona. If you are reading this you are likely having the misfortune of being on the receiving end of one of their lawsuits. And if you are like most, your first thought was “Portfolio who?!” The reason why you may have never heard of […]
Here in Phoenix where I live it is hot this time of year. And don’t tell me it is a “dry heat”. 115+ is flat out hot whether humid or not. In the summer time it is not unusual to see fewer and fewer clothes on my fellow Arizonans. However, no matter the temperature outside […]
A recent review of debt collection lawsuits filed by J.P.Morgan Chase found that there was inaccurate information contained within the debt collection cases about 9% of the time. The errors included things like suing for a balance greater than what was owed, inaccurate interest rates, and excessive fees. Further, it was found that in some […]
You don’t want to file bankruptcy. I get that. But if you are going to file, you want your bankruptcy to be successful. Right? Often when I meet with people who are considering filing for bankruptcy they will ask me what the chances are that their bankruptcy will be successful at eliminating their debts. The […]
If you are like most of the people I meet with, making the decision to file for bankruptcy was a heart-wrenching, exhausting process. You didn’t take the decision lightly and would have preferred to avoid it all together. But you made the tough choice, bit the bullet, and filed your bankruptcy case. The typical chapter […]
Wage garnishment. If I were to guess what the number one thing that pushes people past the tipping point of thinking about filing bankruptcy to actually calling me up and moving things forward, I would say it is wage garnishment. Before a creditor tries to garnish your wages there isn’t a whole lot the creditor […]
If you are needing to file a chapter 7 bankruptcy here in Arizona you will be required to attend one court hearing known as the Meeting of Creditors. Sometimes this meeting is simply called the “341” meeting – with “341” referring to the section of the bankruptcy code that authorizes this meeting. Anytime you are […]
Being sued by Midland Funding – or any junk debt buyer for that matter – can be a scary experience. The big stack of documents dropped off by the process server look official and you may be thinking to yourself that there is no way you can win your case. Before you throw in […]
Probably half a dozen times per week I meet with someone who has been notified that their next check is going to be a quite a bit lighter – wage garnishment. If you are living paycheck to paycheck finding out your wages are going to be garnished is terrifying. Here in Arizona once a creditor […]
If you have read my blog at all you have likely read my mantra that “no body wants to file for bankruptcy”. Sometimes it is just flat out necessary. But how do you know if bankruptcy is the right choice? On more than one occasion I have met with families where they are bound and […]
Today was a pretty exciting day…if you are a bankruptcy attorney in Arizona. In fact, if you are needing to file bankruptcy and you live in the great state of Arizona you should be excited as well. Or at a minimum slightly interested in what the Arizona legislature did. They raised the exemption limits. When […]
If you have been sued by one of the debt buyers, Midland Funding, Portfolio Recovery, LVNV Funding, you may have felt intimidated not only by the debt collection process but by the fact that you are dealing with a large company who is represented by an attorney. Many people are so intimidated that they make […]
I, like most bankruptcy attorneys here in Arizona, offer a free consultation for those wanting to learn more about the process of filing a chapter 7 bankruptcy. The bankruptcy consultation is a great time for you to understand the basics of what is involved in a chapter 7 filing and what you can expect from […]
It has been a long time since I released an episode of the Consumer Warrior Podcast! I began this podcast about a year ago in connection with my Consumer Warrior website. My goal was to provide some valuable information for people that didn’t need or couldn’t afford an attorney. As time went on it was […]
Is bankruptcy a simple process here in Arizona? Depends. Often when I meet with people they will tell me that they have a very easy bankruptcy case for me. Over the years my experience has taught me to become skeptical – because rarely is there such a thing as an easy bankruptcy. Some bankruptcy cases […]
Things have been bad for a long time. Here in Arizona bankruptcy filings have been near 40,000 per year for several years. However, this year things seem to be improving. Bankruptcy filings are down – significantly. That means one of two things is happening: (1) things are getting better; and/or (2) a large number of […]
Midland Funding is a debt buyer that buys Arizona debts in huge volume. If you have been sued by Midland Funding your first thought was likely “Midland who?” After getting over the unsettling experience of being sued it is important you put together a game plan on how your are going to deal with this […]
In the grand scheme of things most would consider this a lose/lose situation. I mean, who really want’s to file for bankruptcy. No one. That’s who. But if you find yourself in the position of needing to file bankruptcy one of the first questions you will likely have is which type or chapter of bankruptcy […]
How soon we forget. Just yesterday I was flipping through a magazine and I saw an ad by a credit union that was offering to help you pay off your credit card debt with a Home Equity Line of Credit (HELOC). Here in Arizona we are just starting to climb out of the huge economic […]
If you have been in an car accident or injured and now have a claim against the person who did the injuring (is that a word??), then what happens to this claim if you file for bankruptcy here in the great State of Arizona? Well, it will all depend on whether you were injured before […]
Every day here in Arizona numerous lawsuits are filed by Midland Funding against people like you. People who don’t have a clue who Midland Funding even is. Midland Funding is a company that buys junk debt accounts from credit card companies and then files lawsuits to collect on them. Once Midland has their judgment in […]
Question: I am two months behind on my car payments. What will happen to my car during my chapter 7 bankruptcy? Answer: If you are behind on your car payments you are likely facing repossession of your car. Once you file your chapter 7 bankruptcy the court will issue an order that will […]
Question: I have a personal injury lawsuit and I want to pursue it but I need to file a Chapter 7 bankruptcy. Can I still pursue my claim in Arizona? Answer: When you file for chapter 7 bankruptcy in Arizona all of your assets become part of what is known as your “bankruptcy […]
No one wants to file bankruptcy…but if you are going to file, you want it to be successful. After all, you are going to take the hit to your credit you might as well make it count. Here are five super important keys to bankruptcy success for those of you who live in Arizona (and […]
After your bankruptcy case is filed, if everything has been done right, the rest of your chapter 7 bankruptcy should be smooth sailing. You must remember – millions have gone through this process before you. The bankruptcy court has developed a streamlined process that can handled tens of thousands of cases per month in each […]
On a fairly regular basis I have people that come into my office who desperately need to file bankruptcy but hesitate in doing so because of their concern over damaging what they view as a strong relationship with their bank. They often say “I can’t do this to my bank, we have had such a great relationship. […]
Alright. Filing your bankruptcy is not that exciting, but it is a big day in your life. If you are working with a bankruptcy attorney like me your bankruptcy case will be filed electronically. The bankruptcy court’s electronic filing system means that your case can be filed at any time night or day. It also […]
Once you pick a bankruptcy lawyer you can set this puppy on auto-pilot and you are good to go – right? Not right. You need to view your chosen bankruptcy lawyer more as a guide through the bankruptcy journey rather than captain of the bankruptcy cruise. Here are three responsibilities that are now yours: 1. Complete and […]
Let’s do this. Let’s put together your game plan on getting out of debt in this new year. This is the year it is going to happen. Next year at this time you will have no debt. Stop and think of that. No debt! But it is going to take some planning. The first […]
Here we are. New year. If you are like me you look back and evaluate whether or not you met last year’s goals. And if you are like me you didn’t reach some of your goals. If you are still dealing with the same debt you had last year – which is likely much larger […]
Another year is in the books. Looking back over 2012 I wrote over 80 articles on bankruptcy. Hopefully these have provided some value and direction for those of you who are dealing with the all-encompassing and very stressful burden of debt. My goal on the blog is to not only provide valuable information but to […]
Sometimes, after all the stress, the paperwork, and the gut wrenching that went into making the decision to file for bankruptcy, people will want out. The reasons vary. Often there is a change in circumstances making the bankruptcy no longer necessary – or at least no longer the only path for dealing with your debt […]
When I was a kid I remember my Dad mentioning how stressful Christmas is. I didn’t understand how the greatest time of the year could be stressful. But now as a father to six kids, I know what he was talking about. Frankly, Christmas is expensive. Even if you don’t spend a lot of money […]
Your credit score rules your world. But how much do you really know about it? In this podcast episode I interview Debbie Oliver of ICleanUglyCredit.com. After meeting Debbie I knew I had to have her on the show. In the interview she gives great tips and advice on dealing with creditors and how to increase […]
Credit scores. They rule our world but so little is known about how they are calculated and how we can make them better. In my law practice I have been looking for someone I can refer clients to who can help them as they try to increase their credit score and deal with bad credit. […]
Votes have been cast. Election is done. Now what? Much was made by many commentators that after all the money, the ads, and the speeches the country is essentially where it left before the election. So the question that everyone (and I mean everyone) is asking, What will this mean for bankruptcy? Well, recently there […]
As I have said before, no one wants to file for bankruptcy. And because of that one of the first questions people ask me is if a debt settlement would be a better alternative to bankruptcy. In this episode of the Consumer Warrior podcast I discuss three questions that you need to ask yourself in […]
If you are thinking about bankruptcy you have no doubt thought about debt settlement. In this episode of the Consumer Warrior I go over the pros and cons of both bankruptcy and debt settlement and when each remedy is appropriate. I will go over the three questions I ask every client to determine if debt […]
The financial situations that lead up to bankruptcy are usually pretty stressful. Collection calls, law suits, wage garnishments, all bring uncertainty and strain most people to the breaking point. The bankruptcy process doesn’t have to follow this same path. In fact, what I tell most clients is if we (notice I said we) do a […]
I have a new episode of the Consumer Warrior podcast out that helps you in your fight against Midland Funding.
When you get sued by a debt buyer like Midland Funding you often feel like it is you against that world – that you don’t know how to deal with it let alone win your case. In this podcast episode I go over three advantages that you have as a consumer that can help you […]
Chapter 7 bankruptcy has many advantages. It can wipe out all of your credit card debt, medical bills, and most unsecured debts. However, it has a couple of downsides – one of which is that you must qualify for a chapter 7 bankruptcy. How it works is we are required to disclose your monthly income […]
Last Sunday I listened to a sermon on hope and faith and how what it all really boils down to is our hope for something better or a continuation of the good relationships we now have. And while I am not comparing the Gospel to bankruptcy law I of course tend to draw parallels between […]
When times are tough it is natural that we turn to those closest to us when we need help. Society as a whole is seeing large numbers of ‘boomerang’ kids – adult children who move back home after college or when dealing with a financial crisis. Most of the parents I meet with are happy […]
If you have ever had to deal with having your credit card information stolen or been a victim of identity theft you know how difficult it can be to undo the damage. Proving that you didn’t do something is very difficult. The creditor and even the courts often have the attitude that your claiming identity […]
Often people will delay their bankruptcy filing. They aren’t sure if they should file, they don’t want to file, they don’t know how to file, or don’t have the money to hire an attorney to file. Delay in the debt collection world usually means things get progressively worse. The longer a debt is outstanding the […]
Bankruptcy. No one wants to file it. And because of that some people will delay the filing of their bankruptcy even though it could have disasterous consequences. There are, however, a few what I like to call “motivators” when it comes to filing a bankruptcy case. You can become very motivated to file your bankruptcy […]
There are times when dealing with your debt issues seem totally overwhelming. You get sick of the phone calls, you get sick of the worry, you get sick of wondering if fighting the debt collection lawsuit is the right way to go. Other times, even if you are up for the battle and ready to […]
When I first meet with my bankruptcy clients almost all of them tell me that they have been thinking of filing bankruptcy for a very long time but have struggled to finally make the decision to pull the trigger. It is understandable. No one wants to file bankruptcy. But sometimes, it is necessary and can […]
Recently a couple of cases I have had against the debt buyer Midland Funding have proven that sometimes showing up truly is half the battle. Most people that get sued by Midland Funding or one of the other debt buyers don’t show up. In fact, they fail to respond in any matter whatsoever and a […]
In this latest episode of the Consumer Warrior podcast I go over four things you should consider as you evaluate whether to represent yourself in court.
When dealing with a debt collection lawsuit most people would love to be represented by a lawyer. The problem is that many times the amount you are being sued for is relatively small and/or the attorney you want to hire is simply outside of your budget. In this podcast episode I go over four things […]
Unfortunately by the time I meet with many clients they already have a judgment against them by one of the debt buyers like Midland Funding. Wages are being garnished or bank accounts attacked. In this episode I answer two questions that were submitted by readers/listeners on how you can reverse a judgment that you didn’t […]
For many, the thought of living life without a credit card is terrifying. The credit card has replaced a savings account as the go-to resource when an unexpected expense comes up or for those that simply aren’t making ends meet. Because of this, when I initially meet with bankruptcy clients they will often ask if […]
Bankruptcy is a powerful financial tool. Think about it…it can eliminate years of debts, interest, penalties, all within the few months that it takes to process the typical chapter 7 bankruptcy. The elimination of your debts comes through the Discharge Order that is issued by the judge in your case. In order to obtain a […]
In this latest episode I discuss the ethics of bankruptcy and whether it is moral or immoral for people to seek bankruptcy protection. I also provide tips on how to respond to Requests for Admission in debt collection lawsuits. Listen to the new episode by clicking HERE.
You are in debt. A lot of debt. You don’t know what to do, so you look into filing for bankruptcy. But you don’t want to file for bankruptcy. It hurts your credit, you think people will look down on you. And worse, you may even feel guilty about filing for bankruptcy. Back in 2005 […]
One of the biggest perks that comes with filing bankruptcy, if there are perks, is that from the moment you file your bankruptcy case your creditors can no longer contact you. This means the phone calls stop! And this continues throughout the entirety of your bankruptcy case. Then, once the bankruptcy court has reviewed your […]
I have posted a new episode of the Consumer Warrior Podcast where I discuss what you can expect when your day in court finally arrives. You can subscribe to the podcast through iTunes, Zune, and Stitcher. You can access the new episode directly by clicking HERE.
After all of the stress, worry, work, and preparation, it is finally here. D-Day. Trial. Your day in court. In this podcast episode I discuss what to expect on your day of trial against the debt buyer, what the procedures are, and what you can do to put yourself in the best possible position to […]
Five of my six kids are headed off to school in the next few days. It seems like the school years starts a little earlier each year. There are schools herein Arizona that start in July! And as focus returns to hitting the books the issue of student loans is on a lot of people’s […]
33%. Lately I have been researching success rates of chapter 13 bankruptcy cases and while there is data all over the place from state-to-state and year-to-year, it seems that the national success rate of chapter 13 bankruptcy cases is about 33%. In some states it is dramatically lower than that, some states dramatically higher. This […]
If you ever hope to get out of debt you must have a debt strategy. Worry alone will not change your situation. But before you can even put a debt strategy together, you need to really understand what your debts are, what type of debt you have, and what approach you should take for each […]
A new episode of the Consumer Warrior podcast is out that focuses on how to prepare for a debt collection trial. In this episode I go over all of the basics that will put you in the best possible position to win your debt collection lawsuit. You can access the podcast by clicking HERE.
I know you don’t want to file bankruptcy. There is a lot of baggage that comes along with this one particular legal procedure. Feelings of guilt, failure, and just simply not wanting to deal with the harsh realities of serious debt collection. But there comes a time when you have to act – and if […]
When times get difficult, the first people we turn to is our family. It is no different when we go through financial difficulties. You may have loaned money from a family member or taken a loan yourself. You may have given that 1992 Geo Metro to your 18 year-old as they headed off to college, […]
Trial. If you are like most attorneys, the thought of your trial makes you a little nervous. Essentially it is a debate with real world consequences. Except with this debate, it is full of procedures and rules that you likely aren’t even aware of. In this article I would like to share with you the […]
50 pages. The typical consumer bankruptcy has about 45 to 60 pages of information that is filed with the bankruptcy court. Income, debts, assets, transactions, expenses – they all must be disclosed in your bankruptcy documents. If you file for bankruptcy you are going to be required to sign off on your documents no less […]
Week in Review New to this episode of the Consumer Warrior Podcast is the “Week in Review”. Each week in the podcast I will go over a legal issue raised in one of my cases or brought up by a client. Hopefully my answers can help you as you deal with your own debt situation. […]
Recently I had another trial against debt buyer Midland Funding. It was your typical Midland Funding trial – very little evidence and one Midland witness who would (of course) be permitted to appear over the telephone. Trials involving Midland Funding or any of the debt buyers are interesting legal proceedings. Because they often are permitted […]
“Can I go to jail for not paying my debts?” I get this question all the time. And my answer has always been “no”. There are a lot of other terrible things than can happen but jail is typically not one of them…until now. I came across an interesting New York Times editorial about how […]
You are an adult. You are approaching your bankruptcy as an adult – making the hard decisions and living with the consequences. But you can admit it. Despite your ability to try and remove the emotion from this decision to file bankruptcy, there is a big worry in the back of your mind that the […]
What if you lose? You got sued. Did your research. Presented your case. And the judge said tough beans, you lose, time to pay the piper (or debt buyer). Now what you do? While I have said time and time again that almost none of the debt collection lawsuits filed by Midland Funding and the […]
Did you know that most lawsuits settle well before they ever get to trial? In Arizona, the percentage of civil cases that actually go to trial is in the single digits. In fact, for attorneys that work as civil litigators it is becoming more and more difficult to get trial experience. A big reason these […]
Debt hurts. It hurts your pocket book. It hurts your relationships. It hurts your mental well being. It hurts your confidence. The price you pay for your debt is not only that monthly minimum payment on your credit card or the giant mortgage payment; the true price is often paid in the collateral areas of […]
“I can’t believe it has come to this.” Often when I meet with people in the initial bankruptcy consultation they tell me that they are frustrated, embarrassed, and really in a state of disbelief that their debt situation has reached this point. If you have never had debt problems you may find it hard to believe […]
The news coverage on the U.S. Supreme Court’s decision on Obamacare had all the flare of the Superbowl. This decision will no doubt be hashed out both in public and private for sometime to come. And whether you are for Obamacare or not, most would likely say that there are at least some problems when […]
What you don’t know can destroy your debt collection lawsuit. Most often when you are sued by a debt buyer or some other creditor they will be represented by an attorney. Just as often people that get sued by a debt buyer will be representing themselves. Either people can’t afford an attorney or it doesn’t […]
The amount of information you are required to disclose in a bankruptcy case is significant. In fact, the typical bankruptcy petition I file on behalf of clients is anywhere from 45 up to 60 pages long. The reason we kill so many trees with each bankruptcy filing is that the court requires a large amount […]
If you have ever tried to settle a debt with a creditor you no doubt have experienced the frustration that comes with the realization that the process involves very little logic. It usually goes something like this: you owe a debt, you don’t have money to pay the debt so you fall behind. The creditor […]
As a dad to six kids I want to provide for my family the best I can. Every parent does. However some of the things you do to help your kids out now can actually cause you problems if you end up needing to file for bankruptcy down the road. Two things that can cause […]
When we think of bankruptcy we generally think of two things: eliminating debt and fear of losing our stuff. And while eliminating debt and trying to keep your stuff are important parts of the bankruptcy process, it is important to understand that much more needs to be disclosed. The financial dealings in your life over […]
All debts are not created equal. Some debts obtain favored status through the law – debts like taxes or child support. But some debts are a priority based on who is owed the debt. For instance you may feel much more obligated to pay a family member you owe money to or to pay the […]
Update Check out the link at the bottom of the page to my new course on How to Draft your own Response to a Motion for Summary Judgment. ************* Nothing can blow your case out of the water like a motion for summary judgment. You got served with a debt collection lawsuit, you […]
Finding good, solid, reliable information on the Internet is tough. There are thousands of websites, blogs, and videos out there, all claiming to be the authority on dealing with debt. The information you relay on in dealing with your debt problems can have lasting consequences – both good and bad (and some downright disastrous!). So how […]
Written by guest Blogger Frank P. Pipitone. Mr. Pipitone is a Long Island Bankruptcy Lawyer. He is the managing attorney at Pipitone Law located in Garden City, New York. _____________________________________________________________ With the economy in shambles and people still struggling, many unscrupulous organizations are stepping to the plate to take a swing at consumers. While bankruptcy […]
Debt collectors and debt buyers file a lot of lawsuits. Tens of thousands annually here in Arizona alone. That is a lot of paper and a lot of lives that are being impacted. Each week I meet with numerous families who are in complete panic mode because they have been notified by their employer that […]
Since the launch of this new website I get several emails each day from people who are being sued by Midland Funding, LLC and aren’t sure what to do. Every now and again I would like to take a few of these questions and answer them here on the blog. Again, my disclaimer, while I […]
is kind of like life insurance policy. You don’t think about it very often, but if it becomes necessary, you are sooo glad that it is there. Similarly, it can bring some comfort to know that bankruptcy laws allow an escape if things go bad. This is particularly true for entrepreneurs. Think about it, how many […]
Bankruptcy. The Great Equalizer. When I meet with clients that are dealing with a debt buyer lawsuit one of the first questions I ask them is if I am able to help them eliminate this one lawsuit, are there five more lurking out there ready to take its place? As part of your overall approach […]
Bankruptcy. The word itself has a negative vibe. And with good reason. By the time people actually gather up the courage to call my office and set up a bankruptcy consultation there has been a lot of stress, pain, and sleepless nights. Many consider their bankruptcy filing a low point in their life, and obviously […]
I know that it is impossible to answer this question. There are thousands of judges in various courts around the nation, not all of them deal with consumer debt issues, and generally the specific facts of a case will guide the outcome. However, lately I have had a few experiences in trials that have given […]
The day you receive your bankruptcy discharge is similar to those Christmas mornings back when you were a kid. You wait and wait for the day to arrive, and then, finally it arrives. Your discharge is entered. All those days, months, and even years of enduring collection calls, lawsuits, garnishments, and all the other list […]
You can admit it. If you have recently been sued or are enduring non-stop collection calls you are probably nervous or outright terrified about what the future holds. Visions of wage garnishments, lawsuits, and losing everything you own are probably keeping you up at night. And if truth be known, the real reason you are […]
Many people will obtain a copy of their credit report and feel a sense of relief when they see that a certain debts have been charged off. This sense of relief comes from their understanding that once a creditor decides to charge off a debt that they can no longer pursue it. So, a charged […]
You made it through the Meeting of Creditors and are all geared up and ready to go! You had your day in court and are ready to tack on whatever comes next. If your case is like the typical chapter 7 bankruptcy at this point there is a whole lot of nothing going on – at least […]
When I am not working as a bankruptcy attorney or fighting debt buyers like Midland Funding in court a lot of my time is spent working on my hobby farm. Right now we have about 20 chickens and a few cattle. Chickens for the most part are mindless birds who do things like eat their […]
After all the buildup to the day of your bankruptcy filing, once the case is filed there is what seems to be a strange lull in the action. The reason for this is because now that your work of gathering documents, completing the credit counseling course, and signing your bankruptcy documents is finished, it is […]
Last Friday my article on a recent victory against debt buyer Midland Funding, LLC was picked up by the Collection Industry News (“CIN”), a website that provides news and headlines for those who work in the debt collection industry. While the debt collectors of America are not my target audience it is always nice to have […]
Recently I have launched a new website that while not technically a legal website I believe it compliments my law firm website. The website is Consumer Warrior and was created with the goal of providing information to people who are dealing with difficult and often very stressful collection efforts and debt collection lawsuits. I am […]
Not a day goes by that I don’t get several calls or emails from people that have been sued by Midland Funding, one of the largest debt buyers in the nation. Most find me through past particles I have written on the subject of debt collection lawsuits – particularly those involving Midland Funding. I write […]
He had been sued by a debt buyer. For three months he had been fighting a good battle on his own, but now trial was just around the corner and he was panicking. The elderly man sitting in my office had paid his debt – in full. That didn’t matter to the debt buyer. Even […]
One might think the real work begins once your bankruptcy is actually filed with the bankruptcy court. However, I take the approach that if we are thorough and complete in the preparation of the bankruptcy petition, schedules and other required documents that once the case is filed it will generally be smooth sailing. Up to […]
Wage garnishment. How it happens and what you can do to avoid it is one of the most common misunderstandings I run into when I meet with clients. I wrote about some of the myths surrounding garnishment in my e-book “Top Ten Myths about Consumer Debt” but thought I would hit on it in this […]
For most the first step is the hardest – making the decision to look into bankruptcy and actually making an appointment and meeting with your bankruptcy lawyer. Now that you are moving forward the real work begins. The documents that are filed in your bankruptcy case are anywhere from 45 up to 60 pages long! […]
There you are, in the hospital, you come out of surgery hoping to see your loving family there to support you, but instead a debt collector is there asking you when you are going to pay your bill! It sounds stupid but that apparently is a new tactic being used by medical debt collector Accretive […]
This is where it all begins…the start of your new debt free life! It may sound corny, and the whole “fresh start” idea is beat to death in “bankruptcy world” but it is true. A chapter 7 bankruptcy can help you reach your goal to become debt free – to start again. How Do I Choose […]
Filing bankruptcy can be a nerve-wracking process. Fear of the unknown stops many people from taking that first step of meeting with a bankruptcy attorney. While bankruptcy is not a painless process it is not something that should stop from you pursuing your goal of becoming debt free. To help people overcome their fears of […]
In tens of thousands of homes throughout the United States evenings are being interrupted by a knock at the door by the local process server. After the initial shock wears off of realizing that you have been sued, you review the documents and think to yourself, “who in the world is Midland Funding?”. Midland Funding […]
This month marked the release of the new book by Stephanie Kimbro “Limited Scope Legal Services: Unbundling and the Self-Help Client.” Ms. Kimbro is an attorney and author. One of her more recent works, Virtual Law Office: How to Deliver Legal Services Online was a great inspiration to me as I opened my own law […]
Day in and day out I get them. Phone calls from all over this great country of ours from people just like you. People who fell behind on their bills and now have been sued. Despite being served with paperwork that clearly stated (likely in BIG, BOLD LETTERING, that they must respond to the lawsuit, […]
Well…it is here. Tax day. Whether you owe taxes or are getting a fat refund back you likely have made some sort of arrangements to get your tax return filed. If you owe taxes this year (or any other year for that matter) you are probably trying to figure out exactly how it is that […]
As we all have struggled through this Great Recession the biggest change for a lot people is the loss of a job or a significant change in their job resulting in a reduction of income. Many employers had to either reduce their overhead by reducing pay or simply letting people go. These type of changes […]
It was reported earlier this week that former seven-time Pro Bowl defensive lineman filed for chapter 7 bankruptcy. While it is nothing out of the ordinary for a retired professional athlete to file for bankruptcy, there are things we can learn about bankruptcy, and chapter 7 bankruptcy specifically from Mr. Sapp’s case. #1 – Bankruptcy […]
Most people that I meet with for a bankruptcy consultation have at least one car payment. A common myth about bankruptcy is that you can keep your vehicle and eliminate the debt. Not true. If you owe money on a car you must continue to pay the monthly payment or the bank will be able […]
I deal with bankruptcy issues all day long. I think about bankruptcy. I read about bankruptcy. I file bankruptcies. And because of this sometimes I am afraid that I may lose sight of the fact that my clients simply don’t. My goal as a lawyer is to provide my clients with information about the bankruptcy […]
Yesterday I received a telephone call from a person who was looking into filing bankruptcy. She made it very clear from the get-go that price was the main concern when it came to choosing someone to help her with the bankruptcy filing. I understand that. If you are needing to file bankruptcy money is obviously tight […]
We sat there in my office, large stack of bills on one side of the table and a half dozen judgments on the other side. The credit card bills had not been paid in some time and the judgments were a few months old. After some preliminary discussion on the debts and bankruptcy process the […]
A few days ago the attorney general for West Virginia filed suit against Midland Funding, LLC, one of the largest debt buyers in the country. In the complaint against Midland Funding the attorney general claimed the Midland was filing lawsuits against consumers with false and unreliable mass-produced affidavits. These affidavits were often the only form […]
This may seem like a random topic to write on but lately it has come up a few times. As I have mentioned in many other articles, after you file for bankruptcy you are required to attend a Meeting of Creditors with your attorney and bankruptcy trustee. While this meeting is generally short and nothing […]
One of the first questions I get when I meet with people is if they will qualify for a chapter 7 bankruptcy. If you have been researching bankruptcy you have likely learned that in order to file for chapter 7 bankruptcy you have to meet certain income requirements. Specifically, you cannot make more than the […]
I meet with clients on a regular basis that have been sued by a debt buying company on an old credit card debt. If you have had the misfortune of being sued, you know that the process server provides you with a copy of the Complaint and Summons. In Arizona, you have 20 days from the […]
Losing your home is one of the great fears for those going through bankruptcy. At least it used to be. Before the Great Recession hit home prices in Arizona were skyrocketing. Do you remember lining up on Saturday mornings in hopes of getting a ticket so that you could enter a lottery to win the […]
A lot of what I do each day here in the Phoenix valley is help families file for bankruptcy. As part of that process I go through my client’s bills and pull their credit in effort to get as many of their debts as possible. In doing so I often see judgments that have been […]
The other day I was scheduled to attend a continuing education conference with some of the local Arizona bankruptcy trustees. I thought I had given myself plenty of time. I arrived at the parking garage, walked inside, and immediately realized that I was in the wrong building. So I got back in my car and […]
I recently attended a continuing education course that was presented by a group of Arizona bankruptcy attorneys that I am apart of. The presentation was given by three Phoenix bankruptcy trustees. In every bankruptcy case that is filed there a bankruptcy trustee assigned to review your documents and administer your case. The main point of the presentation […]
You made “the call”. I realize that by the time my clients actually call me to set up a bankruptcy consultation there has been a lot of internal (and external) debate. Now that you have taken the all important first step of setting up the bankruptcy consultation I thought I would share a few ideas […]
In a chapter 13 bankruptcy you will be required to pay your disposable income to your creditors over the life of your bankruptcy case. Chapter 13 bankruptcy cases typically are a minimum of three years and a maximum of five years long. In calculating your disposable income we look at your monthly income and subtract […]
I usually try and come up with some clever title for my articles (rarely do I succeed), but with this article I just want to relay pure information. If you need to file bankruptcy, do it now, don’t wait. Delay will only cause you further grief. Yesterday I met with a handful of families that were […]
In January the State Senate in California passed legislation aimed at debt buyers like Midland Funding, LVNV Funding, and Portfolio Recovery who sue people over debts without adequate documentation to prove that they own the debt or that they are even suing the right person. This new legislation would prohibit debt buyers from obtaining a […]
One of the drawbacks to filing chapter 7 bankruptcy is that you may lose some of your stuff. Chapter 7 bankruptcy is a liquidating bankruptcy – meaning if you have assets that you own free and clear of any liens and that are not protected under one of Arizona’s exemption laws, then in chapter 7 you could […]
In previous articles I have gone over the litigation strategy of debt buying companies like Midland Funding, LVNV, LLC, and Portfolio Recovery. Despite the fact that they have filed a lawsuit against you, they really don’t want to fight you. Their hope is that you will do nothing to defend yourself and that they will […]
When you file for bankruptcy here in Arizona your case will be assigned to a bankruptcy trustee. This person works under the Department of Justice and in a chapter 7 bankruptcy, their job is to review your bankruptcy documents, determine if there are any assets that can be sold, and then distribute the proceeds to your […]
Should you seek out God’s guidance before filing for bankruptcy? Rev. Billy Graham says yes in a recent article when the question of the morality of bankruptcy was posed to him. After I have explained the nuts and bolts of the bankruptcy process to people I often get asked whether I think it is morally […]
Because you told me about it. That is my typical response when I have someone tell me about an asset they have and then ask me “how will the bankruptcy court ever know that I have this asset?”. During my bankruptcy consultations I always discuss with clients the fact that a chapter 7 bankruptcy is a […]
Earlier this week ESPN reported that NFL sports agent Leigh Steinberg filed for chapter 7 bankruptcy. Mr. Steinberg was the inspiration behind the movie Jerry McGuire and represented many high profile athletes including Steve Young, Troy Aikman, and Ben Roethlisberger. There are things that can be learned from any bankruptcy filing, but particularly a high profile chapter […]
Garnishments are a pain. Maybe the only thing that pushes people into bankruptcy more quickly than garnishment is a foreclosure. In Arizona, a creditor can garnish up to 25% of each pay check. If you are living payday to payday this can completely devastate your finances. Before I get into how bankruptcy can stop a […]
I see it all the time. You get served with a lawsuit by one of the big debt buyers, Midland Funding, Portfolio Recovery, or LVNV Funding. You have no idea who “Midland Funding” even is, so you brush it off. Maybe they have the wrong guy. So you do nothing. Then, things are going well…a month goes […]
Hostess, the company that makes the Twinkie, is preparing to file for chapter 11 bankruptcy for the second time in the last seven years. The purpose of a chapter 11 bankruptcy filing is to allow a company to restructure and emerge from bankruptcy leaner, healthier company, a process that Hostess has felt necessary to do more than […]
Before the first week of 2012 is over I wanted to take a look back to 2011 and the numerous topics that have been discussed on my blog. I started this bankruptcy blog in May of 2011 when I ventured out and opened my own bankruptcy law firm. I enjoy blogging and have found it to […]
In the bankruptcy world (yes, there is such a place!) the term “fresh start” is mentioned so often that it can become cliche. However, when you can get past the initial feelings you may have about bankruptcy, the end result truly is a “fresh start” or at least a new opportunity or beginning. Yesterday as I was […]
Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and you ask yourself the question: “who in the world is Midland Funding and why […]
Equity. It is usually your friend. If you are in bankruptcy, it can be an issue. Simply put, equity is what you actually “own” in your property. For instance, if you have a car that is worth $10,000 and you still owe $6,000 on the loan, then you have $4,000 in equity. Same goes for […]
Because I work as a bankruptcy attorney I have the opportunity to meet a lot of people here in Arizona who have taken a beating during this recession. And while the recession technically ended a while back, many, if not most are still going through some financial difficulty or at least living at lower standard of […]
Debt free. Can you even imagine it? I would dare say that when most people come in to inquire about filing for bankruptcy they aren’t really thinking about the end result of being debt free, but are more focused on stopping the immediate pain of debt collectors. But the end result of a successful bankruptcy […]
When I opened my bankruptcy law practice here in the Phoenix area a while back I wanted to create a website where clients could easily communicate with me and learn about the bankruptcy process. In the morning when I check my emails often I get several emails from people needing to file bankruptcy. What’s interesting is […]
This one is pretty basic but you may be surprised as to how many people aren’t quite sure what the difference between a creditor and a debtor is. In the bankruptcy world if you are filing for bankruptcy you will now be known as the Debtor. Owing debts = Debtor. If you are owed money, […]
It is finally here. The day retailers everywhere and my younger sister look forward to every year! Black Friday. It seems to be starting earlier ever year. Last night after Thanksgiving dinner I ventured out with my wife and some other family members to see if we could score some good deals. I have never gone […]
Second only to the discharge of debt, the protections of the automatic stay are a large reason why residents of Arizona file for bankruptcy. So what is it? The automatic stay is an Order issued by the Arizona Bankruptcy Court when you file your bankruptcy case. It is issued automatically pursuant to the bankruptcy code, thus the […]
A while back, long before I became a bankruptcy lawyer in the great state of Arizona, I lived in London, England. If you have ever been to London you know that the streets there are nothing like the master planned communities found here in the Phoenix area. There is no order or structure to the […]
As a bankruptcy lawyer in Arizona I have come accustomed to the idea that I am a necessary evil in people’s lives. The last thing people want to do is file for bankruptcy. The last thing they want to do is meet with me. This might lead you to believe that my job is not […]
If you have looked into filing for bankruptcy you have likely come across something known as the Means Test. Back in 2005 Congress amended the laws related to bankruptcy and put in place new laws that they thought would force more people into a chapter 13 bankruptcy rather than a chapter 7 bankruptcy. Simply put, […]
Lately I have had quite a few people come in lately who need to file for bankruptcy and need to file it RIGHT NOW! The typical things that usually require a person to file bankruptcy quickly are garnishments, foreclosures, law suits, etc. While it is never the preferred route, it is important to understand that if […]
Recently the court released information on the number of people who represent themselves in bankruptcy. Arizona ranked third overall in number of “pro se” bankruptcy filers. In fact, in Arizona, a full 20% of bankruptcy filers were doing it without the aid of an attorney. At the risk of sounding self-serving, there are tremendous risks to […]
This is the second installment in a three part series of the bankruptcy process in Arizona. In the first article I discussed what to expect prior to your bankruptcy case being filed. In this article I will go over what you can expect after your case is filed up through the day when the bankruptcy court […]
Happy Halloween! For many bankruptcy is a necessary evil. For creditors, bankruptcy is the devil. No one really likes bankruptcy (except maybe bankruptcy lawyers), but imagine a world without it. Without bankruptcy as an option who would be willing to take the risk of opening a new business? Think about it, if you knew that […]
The scary part of bankruptcy is not knowing what to expect. There are a lot of bankruptcy myths out there that cause many people to not seek out bankruptcy help, even though it can really help them out of a tough spot. Having an accurate understanding of the bankruptcy process usually relieves a lot of stress […]
When writing articles for my bankruptcy blog I try to come up with a catchy title (and don’t often succeed). With this one, I thought I would get straight to the point. Filing for bankruptcy is rarely a last minute decision. The lead up to the actual filing for most takes weeks, months, or ever […]
When the bankruptcy code was amended back in 2005 one of the new requirements was that those wishing to file for bankruptcy would need to take a pre-bankruptcy credit counseling course as well as a post-filing financial management course. Pre-Bankruptcy Credit Counseling Course Often before people come and visit with me after they have done all […]
Filing bankruptcy just got slightly more expensive and for some in Arizona it will be more difficult to file a Chapter 7 bankruptcy. On November 1st of this year the filing fees for filing a Chapter 7 bankruptyc and Chapter 13 bankruptcy will go up. Further, on November 1st new income numbers will be instituted […]
During my bankruptcy consultations I meet with several families every week that are struggling through financial problems. In almost every situation the main problem is large amounts of credit card debt. As this recession drags on people are having wages cut or losing their jobs outright and are supplementing this reduction in income through credit cards. […]
This is the first of a series of videos I will be going on the Chapter 7 bankruptcy process and issues that can arise in a Chapter 7 bankruptcy case. I offer free consultations on all Chapter 7 bankruptcy matters and would be happy to meet with you to discuss yours. I can be reached […]
Recently in Readers Digest online they posted an article on 13 Things a Debt Collector Won’t Tell You. The article discusses various techniques and approaches that debt collectors use to try and get money from you. Number one on the list was that debt collectors are taught that all debtors are compulsive liars. A few of […]
I meet with a lot of people who believe that bankruptcy is going to be their best option. And truthfully, for most of the people I meet with bankruptcy is not only the best option but something they should have done a long time ago. However, when I meet with families, there are those that should […]
The other day in the Wall Street Journal there was an article about home owners who have lost their homes through foreclosure only to then be sued by the bank for the balance owed. During my bankruptcy consultations I often hear of families that have lost their home to foreclosure and now they are being […]
How many times in the last year have you received a notice that your power may be cut off because your are behind on the monthly bill? Or wondered how you were going to get to work or the kids to school because you didn’t have enough gas money? How many nights have you laid […]
It really goes without saying that if you are thinking of filing for bankruptcy money in your household is tight. You may be struggling to come up with gas money to get to work or buy groceries let alone coming up with a big sum of money to pay a bankruptcy attorney. People will ask me […]
In Sunday’s newspaper they reported that nationwide there is expected to be an increase in the number of foreclosures. This not only impacts those families who are losing their homes but results in a continued downward trend in home values here in Arizona. If your home has been put up for foreclosure, or if you […]
When I meet with people in bankruptcy consultations one of the big questions on everyone’s mind is what assets will they lose while going through the bankruptcy process? This fear of losing assets leads some to think about not disclosing all of their assets to me when preparing their bankruptcy documents. This is a bad idea. […]
If you have ever been involved in a lawsuit before and hired an attorney you are fully aware of how quickly attorney’s fees can add up. Litigation is not a cheap way to solve problems. I was talking to an attorney friend of mine the other day was telling me about a lengthy case he […]
The answer is no. You are not going to go to jail because you can’t pay your debts. In ages past if you couldn’t pay your debts you would be put in debtor’s prison, however the U.S. government abolished debtor’s prisons in 1833. Some unscrupulous debt collection agencies will threaten that you will be arrested […]
I have been meeting with a lot of people lately that have received a notice of a wage garnishment from their employer. Wage garnishments are terrible. You are embarrassed because your boss/HR Department now knows that you are going through financial difficulties, you may be barely getting by as it is, and now you are […]
When I meet with clients to discuss their possible bankruptcy filing I go over all the different options that are out there. I will always give my opinion as to what will best serve their situation. Naturally most people are hesitant to jump into a bankruptcy case, however I try to help the people I […]
Often clients tell me that it took a long time for them to finally make an appointment to see me about their bankruptcy. No one wants to file for bankruptcy, but sometimes it becomes necessary. The problem I often see is that people will wait too long to file their bankruptcy case, putting themselves in […]
When you have made the decision that it is necessary to file for bankruptcy the next step is to plan out when you are going to file your bankruptcy and all the steps that lead up to that day. Almost daily I meet with people who really need to file bankruptcy but have put themselves […]
As I say throughout my website, no one wants to file for bankruptcy. Bankruptcy is usually an absolute last option for people after trying to manage their debts over several months or even years. You keep trying to come up with some payment arrangement with your creditors, holding out hope that your income situation will improve […]
Retirement is usually not the time when most people think that bankruptcy will be necessary. However in my bankruptcy practice I meet with many people who are retired who are facing the difficult choice of filing bankruptcy. I have observed a couple reasons for this: first, many seniors have been reaching out and financially helping […]
For most people who are looking to file bankruptcy the choice really comes down to filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. In this article I would like to go over seven reasons why Chapter 7 can be preferable over a Chapter 13. Not all bankruptcy attorneys agree with me on this, […]
Recently I began offering online legal services in response to a need that I saw going unmet. Specifically, people who need legal help in going through the court process but either couldn’t afford to pay an attorney or it simply didn’t make financial sense to hire an attorney because the amount in dispute wasn’t great. […]
In 2010 Americans gave $291 billion dollars to charity. It is no surprise that in meeting with people about bankruptcy that the topic of how their charitable contributions or tithing will impact their bankruptcy case often comes up. Many are surprised to learn that not only can you continue paying tithing to your church or […]
In Arizona once a creditor has a judgment against you they can seek to garnish up to 25% of each of your paychecks. Losing a full quarter of your income every two weeks is enough to put many families under. In light of this it is no surprise that when a family does get hit […]
Online Legal Services Reduce the Cost of Litigation Just as you are settling in to watch the evening news or catch up on the latest episode of Modern Family you TiVoed, you get a knock at the door and get hit with legal papers from a process server. You have officially been served. The debt […]
Well, it is that time of year here in Arizona and my kids are headed back to school. With schools and universities starting all over the country, many people are looking into student loans and figuring out how to finance their education. Along those lines I wanted to write on how student loan debt is […]
Usually with my bankruptcy blog posts I go over some aspect of the bankruptcy process, however today I thought I would write on an issue that I see in nearly every bankruptcy consultation I do. Guilt. Almost everyone I meet with expresses embarrassment/disbelief/guilt over having to go through the bankruptcy process. I think much of […]
When I meet with clients for a bankruptcy consultations it usually goes without saying that the collection calls are going non-stop. In fact, it is not unusual to have a few calls to their cell phone while they are in the bankruptcy consultation with. As I have mentioned in previous articles, when you file bankruptcy […]
Over the past several years I have restricted my law practice to bankruptcy and bankruptcy related matters. Some of you know that in a prior life I did quite a bit of work in the civil litigation area, handling lawsuits and even a some jury trials along the […]
During the free bankruptcy consultations I offer I will regularly meet people who only have one or two delinquent debts and are otherwise in pretty good shape financially. If the debt is significant a bankruptcy may still be the best way to go, but I also explore non-bankruptcy options with the client that may resolve […]
Many people have the concern that they will be fired (or not hired) from their job because they have filed for bankruptcy. The Bankruptcy Code prohibits discrimination against those who have filed for bankruptcy. There are three areas where discrimination is barred: (1) Government issued licenses; (2) Employment; and (3) Student Loans. Can My License […]
There was an interesting, although not surprising, article in the Arizona Republic yesterday that cited a poll stating that three out of four middle-class families experienced some sort of health issue stemming from their financial difficulties, including difficulty falling asleep, changes in weight, anxiety and lower energy levels. This stems not only from the worry as […]
One of the most frequently asked questions about short sales is will the seller have to pay income or gift taxes on the amount of debt forgiven by the banks. Some sellers who do not retain an attorney never even know that is a possibility until they get a 1099 Form in the mail from […]
It is an interesting comparison to watch what is going on Washington with their attempts to raise the debt ceiling and comparing that to your own debt issues. The government has bills to pay, no money, and so it wants its credit line increased to be able to make ends meet. Things don’t work that […]
As I wrote in a recent article, more than 50% of homes in Arizona are worth less than what is owed on them. This is leading many people to try and short sale their home. However, because of other debt issues, many people are also needing to file bankruptcy. When all of these things come […]
Yesterday the Arizona Republic reported that Arizona has the second highest rate of homes where the owners owe more than the home is worth. Nearly 50% of Arizona’s homes are not worth what is owed, and in Phoenix the number is 55%. The sad thing is, when I read that, my first thought was, “who are these 50% […]
I have mentioned before that lately I am seeing more people come in for a bankruptcy consultation that have been sued by one of their credit card companies. Usually it is for smaller amounts, less than $5,000. Nothing sends more panic through a person to have the process server show up and the door one […]
Yesterday Fox News reported that there was an increase in unemployment in a majority of the states. In this article I want to discuss how losing your job impacts your ability to file a Chapter 7 bankruptcy. First, one of the changes made to the bankruptcy code back in 2005 was the addition of the […]
It is almost a cliche, but bankruptcy, particularly Chapter 7 bankruptcy, does give you a fresh start. You will emerge from your Chapter 7 bankruptcy case with no credit card debt, no medical bills, no lawsuits. It is a time for you to start over, rebuild your credit, your financial life, and a great time […]
Arizona’s economy is continuing to struggle, and so when I meet with people for a bankruptcy consultation it is not unusual to learn that they are in the process of leaving Arizona to find work someplace else. This leads to the question of whether it is necessary to live in Arizona (or remaining living in […]
Usually bankruptcy is a once in a lifetime event. I think it is fair to say that not only do people not want to file bankruptcy once they surely don’t want to be in a situation a second time where a bankruptcy is necessary. But…it happens. Life happens and often there are unforeseen expenses, medical […]
Over the last few months in my bankruptcy consultations I’ve noticed a pretty steady increase in the number of small claims lawsuits that people are getting served with from credit card companies. I don’t know if this is an actual trend on the part of the credit card companies or if I just happen to be […]
I routinely meet with small business owners that are going through financial difficulties and often get the question if just the business can file bankruptcy and eliminate the company debts. Before I can answer the question it is important for me to understand what the goals and plans are for the business. Are you going […]
There comes a point in every bankruptcy consultation when we get to “The Question”. I know what they are thinking: “This all sounds great, I need to file bankruptcy, but what is this going to cost me?” I always try and be up front with the legal fees I charge. I am one of the […]
Some debts will just not die. In my bankruptcy practice I pull my client’s credit reports to make sure that I am getting a thorough picture as to what debts are owed and who the creditor is. In reviewing the credit report with my clients often they are astounded at the debts that are still […]
103, 108, 109, 106. Those are the temperatures over the last four days here in Phoenix. For those of us in the Phoenix area you know that if you don’t have power, you are in serious trouble. My air conditioner runs day and night this time of year, and if you are in danger of […]
When you suffer through financial difficulty that results in a short sale of a home, a foreclosure, or even a bankruptcy, the big question most people have is how such events will impact their ability to buy on credit again. In yesterday’s Arizona Republic newspaper, Russ Wiles wrote an article on “Strategic Defaulters” and included […]
I mention quite frequently in my blogs on and on my website that no one wants to file for bankruptcy. Because of this many people delay their bankruptcy filing even when it will be the best decision in the long run. After having just celebrated the July 4th holiday, we are beyond the half-way point […]
When meeting with people to discuss a bankruptcy filing it is clear that for most that they are in what they view as a very low point in their lives. Many view their bankruptcy filing as the end of their life as they know it. However, in several ways your life will improve after your […]
If you have ever opened your own business you quickly learned that business credit for a small business simply does not exist. Sure, banks will loan your business money and landlords will allow you to put a lease in the company name, but none of it will take place without you personally guaranteeing that payment […]
No one wants to file for bankruptcy. But sometimes, the situation requires it. And sometimes the situation requires that hit happen right now! A bankruptcy case typically takes anywhere from one week to a month to prepare. The bankruptcy court requires a lot of information from you, including information on income, assets, debts, monthly expenses, […]
Often at the end of a bankruptcy consultation I get hit with the question – would you file bankruptcy with this amount of debt? People are worried that the amount of debt they have is not enough to warrant a bankruptcy filing. There is no magical number or threshold amount of debt that is necessary […]
Today it was announced that the Los Angeles Dodgers filed for chapter 11 bankruptcy protection, proving that no matter how much money you have, you can always go broke. The Dodgers were reportedly running extremely low on cash and were at risk of not being able to meet their obligations and thus filed to hold off […]
When you fall behind on your bills you feel helpless. Like it is you against the world. The first thing that happens is the phone calls. The phone rings off the hook night and day. After a while you stop answering because you realize there is no purpose. The collector is there to get you […]
Prior to meeting with me for a bankruptcy consultation many people will have pulled a copy of their credit report to get an idea of the total amount of outstanding debt. Often they will see that certain debts have been “charged off” or “written off” by a certain creditor yet they are still receiving collection […]
No one wants to file for bankruptcy. Bankruptcy is the last option for most people, and probably rightly so. By the time people come to my office to meet with me most have looked into other options as they struggled along trying to keep up with monthly minimum payments. There are alternatives to bankruptcy and […]
A question I get quite often from clients thinking of filing for bankruptcy is how long the actual bankruptcy case will last. The answer to that question depends on what type or chapter of bankruptcy you will be filing. Chapter 7 bankruptcy cases are relatively short matters that are wrapped up in a few months […]
Much of the time I spend with clients is helping them understand the bankruptcy process. However, I do try and help clients understand the consequences of bankruptcy and in doing so one of the first questions I get is how many years must go by before it is possible to get a home loan. You […]
In every bankruptcy case it is required that the person filing for bankruptcy attend a meeting called the Meeting of Creditors. This meeting is an opportunity for the trustee who is assigned to your case to ask you questions about the truthfulness of the information that you provided the bankruptcy court. Further, as the name […]
A big fear for many prior to bankruptcy is the thought of having wages garnished. This is a well-founded worry as in Arizona up to 25% of each paycheck can be garnished and paid to your creditors. However, what most people don’t realize is that your creditors can’t simply start taking your wages if you […]
In a fair amount of bankruptcy cases that I file medical bills are a significant part of what lead to the bankruptcy filing. Many people simply can’t afford health insurance and when they get sick the bills can be overwhelming. Medical debts generally fall into the category of “unsecured debt.” In bankruptcy, particularly chapter 7 […]
Hiring a bankruptcy attorney will help you tremendously as you navigate the bankruptcy process. However, it is important to understand that there are many things you can do to help your bankruptcy lawyer that will make the process go much more smoothly. 1. Don’t Wait Until the Last Minute to File Bankruptcy With most people […]
A big concern of a most people going through bankruptcy have is whether they are going to lose all of their property. It is a valid concern but generally not one you need to worry much about. All states have exemption laws that protect certain property from creditors. A common example most people are aware […]
This past Monday new numbers on home values around the country were released that confirmed a “double dip” in housing prices, falling below the 2009 low. This is frustrating news for people in Arizona that have been holding on to their home, making the payment month after month, but continue to see the value of […]
In the typical bankruptcy petition and schedules the person filing for bankruptcy will sign his or her name no less than eight times declaring that the information provided in the bankruptcy documents is true and accurate. The penalty for making a false statement or for concealing assets is up to 5 years in prison and […]
I came across an article MSNBC’s website about the foreclosure mess that we are all currently living through that estimated there have been 5 million homes foreclosed on since this Great Recession started. Considering that the United States has a population of 311 million people, 5 million foreclosures is staggering. Further, they estimate that there will be […]
Despite the George Strait song, you can’t just “give it away” when it comes to bankruptcy. A common question I get in bankruptcy consultations is whether you can simply “give” away your assets to a family member or take your name off of the title to a vehicle or home prior to filing bankruptcy. This […]
Few things are as unsettling as having a knock on the door and then finding yourself being served with a lawsuit by a process server. However, if debts go unpaid long enough, eventually many creditors will sue. Bankruptcy can eliminate the underlying debt, but it is important to understand the legal process behind a lawsuit […]
We all know that our car begins to depreciate the moment we drive it off the lot. If you have poor credit, the value of your car is not only going down, but you are likely saddled with a terrible loan. The worst car loan I have ever seen was on a Hummer, the loan […]
It is pretty common knowledge that bankruptcy is going to lower your credit score and make it more difficult to make purchases on credit. Because of this, many married people that I meet with ask if it is possible for only one spouse to file bankruptcy so that the non-filing spouse’s credit can be saved. […]
Many of the bankruptcy clients I have been meeting with lately are experiencing some type of garnishment. Garnishment of wages or bank accounts is an indicator to me that you have been dealing with debt issues for some time. Contrary to what many believe, a creditor cannot garnish your wages in Arizona unless they sue […]
People needing to file bankruptcy after retirement happens more often than one might think. Often one of the causes leading to the bankruptcy is not only the retired person’s financial situation but the financial difficulties of their grown children. It is natural that we want to help our family members out when they are going […]
Today in the Arizona Republic there is an interesting article by Catherine Reagor on the rental market in the Phoenix area. As more and more homes fall into foreclosure, or their owners simply decide that it doesn’t make financial sense to stay in a home, there has been a large influx in renters. According to […]
Credit Unions – Good Cop/Bad Cop When times are good your credit union can seem like they are your best friend. However, if times get bad, the credit union may be your most unforgiving creditor. Credit unions have different rules to abide by as compared to banks, and when it comes to the bankruptcy process […]
It would seem logical that the only thing you would need in order to qualify for bankruptcy would be a lot of debt you can’t pay. However, there is more to it than that. In 2005 Congress revamped the bankruptcy code and put a few more hoops to jump through in order to qualify for […]
Many of my bankruptcy clients are also dealing with a foreclosure. Here in Arizona foreclosure rates have been at record levels for some time and the home values continue to drop. If you are like most, the value of your home is considerably less than what you owe. This leads to a decision of whether […]
At the end of many of the bankruptcy consultations the person I am meeting with often tells me “I never thought I would be in this situation.” People filing for bankruptcy are usually experiencing debt problems due to a loss of job, a reduction in pay, or due to a serious health problem. I meet […]
Properly determining when to file your bankruptcy can help you maximize the benefit of filing bankruptcy. Because of this, it helpful to meet with a bankruptcy lawyer early in the decision process of determining whether to file for bankruptcy or not. I offer a free bankruptcy consultation for this purpose, so we can sit […]
Credit card debt is a big reason many people seek out bankruptcy. It is not uncommon for people to come visit with me who have $100,000 or more of credit card debt. After a job loss, reduction in pay, or unexpected medical expense many people turn to credit cards to compensate for increased […]
When I first meet with people for a bankruptcy consultation most are at one of the lowest points in their lives. One of the most common things I hear is “I never thought I would be in this position.” That is what is so striking about this recession — the fact that it has permeated […]
What You Can Do to Prepare for the Initial Consultation Once you have done your research and taken the step to set up a consultation with a bankruptcy lawyer, there are preparations you can make and documentation you can put together that will make your bankruptcy consultation more productive and informative. I offer a free […]