Bankruptcy does not discharge a creditor’s lien on property. Even if you file bankruptcy a secured creditor is entitled to receive either the collateral or payment on the loan. In a Chapter 7 case, if you want to keep the property, you may either choose to reaffirm the debt or to redeem the property by
[ more ]Frequently Asked Questions
What if I want to pay creditors something, but I just can not afford to pay them all that I owe?
For relatively minor debt problems there are a number of credit management companies that deal with credit card debts and work out voluntary repayment plans outside of bankruptcy. If all creditors won’t agree to do this, you can file a Chapter 13 bankruptcy. This allows you to pay all your creditors a portion of what
[ more ]What is bankruptcy?
Bankruptcy is a legal way of getting relief from most debts. Chapter 7 is the most common form of bankruptcy. It involves the filing of a petition in Bankruptcy Court. Your creditors are then notified and a hearing is held that you must attend. After that, the Bankruptcy Court will enter an order that you
[ more ]Can my employer fire me if they are served with a garnishment Order?
NO! You cannot be fired by your employer because of a garnishment. There are both state and federal laws to protect you.
[ more ]May a debt collector contact anyone else about my debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more
[ more ]What should I do if an unregulated collector use improper tactics?
If an unregulated collector uses unreasonable methods to try to collect on a debt, there may be a way to bring relief through court action. Consult legal counsel if a problem arises.
[ more ]Who is governed by the Fair Debt Collection Practices Act?
The regulated class is made up of businesses who collect debts owed to individuals or companies other than themselves, mainly COLLECTION AGENCIES AND CREDIT BUREAUS. In addition, ATTORNEYS who regularly engage in consumer debt collection activity for clients are covered by the Act. It does not apply to finance companies or businesses trying to collect
[ more ]Who is protected by the Fair Debt Collection Practices Act law?
The protected class consists of CONSUMERS who have incurred debts for personal, family or household reasons. Commercial accounts are not covered. A protected consumer includes a spouse or a parent of a child who owes money to a creditor.
[ more ]What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act of 1978 is a federal law enacted by Congress as part of the Consumer Credit Protection Act. Its purpose is to protect consumers from harassing and abusive debt collection methods.
[ more ]What does equity mean?
Equity is the amount of value left in your property after subtracting what you owe to any creditors who hold mortgages or other liens from the fair market value of the property. Fair Market Value is the amount the property could be sold for today, not the amount you paid for it. If nothing is
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Recent Posts
Attorney Megan Quillen Earns Certification as Consumer Bankruptcy Law Specialist
The law office of Harlan and Quillen is proud to announce that attorney Megan Quillen has been named board certified by the American Board of Certification (ABC) as a Consumer Bankruptcy Law Specialist. “Achieving board certification as a Consumer Bankruptcy Law Specialist is a proud moment in my legal career,” says Quillen. “I am honored
H&Q Paralegal Receives Advanced Certification
H&Q Paralegal April Watson recently achieved the Fair Credit Reporting Act (FCRA) Advanced Certificate through the Professional Background Screening Association. The certification program content included fair credit reporting compliance, accuracy and litigation information and strategy. Watson manages the firm’s credit report review process. H&Q provides a no-cost credit report review for clients following their bankruptcy
H&Q Attorney Keith Slocum named to the Board of the American Board of Certification
Consumer bankruptcy firm, Harlan and Quillen, is proud to announce that attorney Keith Slocum has been named to the Board of the American Board of Certification (ABC). “I’m honored to be named to the ABC board and work alongside other professionals that are leading our legal field,” says Slocum. The ABC is the premier legal