Blog Posts in March, 2013

  • The Automatic Stay and Repetitive Filings

    Normally, the bankruptcy automatic stay goes into effect immediately upon filing the bankruptcy case. This automatic stay prevents most attempts to collect on debt and also is effective in stopping garnishments, frozen bank accounts, and harassing creditors. Problems arise, though, if a person has repetitive bankruptcy filings. After the BAPCPA reforms to the Bankruptcy Code in 2005, the automatic ...
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  • The Fair Credit Reporting Act

    The Fair Credit Reporting Act is legislation originally passed in 1970 that is designed to promote and further the accuracy, fairness, and privacy of information in credit reports and other affiliated documents. The goal behind it is to place an emphasis on the rights of consumers in relation to the credit histories, scores, and debts. Recent amendments expanded consumer rights and like the Fair ...
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  • The Fair Debt Collection Practices Act, Part III

    We complete our discussion on the Fair Debt Collection Practices Act today by beginning with the information that every debtor is really looking for: conduct that is strictly prohibited in collection efforts. The main standard to remember here is that a debt collector cannot engage in conduct that involves abuse or harassment. This is a wide ranging standard that doesn't have a clear cut ...
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  • The Fair Debt Collection Practices Act, Part II

    We continue our discussion on the FDCPA by focusing on what debt collectors can do under the statute. This is conduct that is permitted by the statute for debt collectors to collect on debts. The statute states that a debt collector is someone who regularly collects on behalf of other creditors, meaning that the FDCPA does not apply to the actual creditor who holds the underlying debt. That is ...
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  • The Fair Debt Collection Practices Act, Part I

    The Fair Debt Collection Practices Act is a federal statute originally signed into law in the late 1970s that is designed to provide protection to consumers from unethical and/or illegal actions by debt collectors. At the time of the promulgation of the act, Congress stated that it had substantial evidence of bad practices by so-called debt collectors, including abuse of consumers, deception, and ...
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  • Improving Your Credit Report

    Improving on credit post-bankruptcy and improving on your credit report are two separate things. Dealing with information on your credit report is often founded in whether the information is accurate. Accurate information, even if negative, cannot be fixed on your credit report. Bankruptcies, for example, stay on your credit report for 10 years while other negative but accurate information can ...
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